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2019 DIGILAW 1103 (PNJ)

Mamo Devi v. Sudhir

2019-04-05

AMOL RATTAN SINGH

body2019
JUDGMENT Amol Rattan Singh, J. - As already recorded in the order dated 20.03.2019, by which notice of motion was issued, by this petition the petitioner challenges the order of the Motor Accident Claims Tribunal, Kaithal, dated 31.01.2019, by which her application seeking to lead additional evidence in the form of a disability certificate issued by a medical board has been rejected, on the ground that even after 8 opportunities had been granted, she had not done so and therefore, at a belated stage, the application could not be allowed. 2. Upon notice issued, Mr. Sanjeev K. Arora, Advocate, appears for the contesting respondent, i.e. the insurance company as had insured the vehicle involved in the accident (respondent no. 3 herein), and reiterates what is stated in the impugned order, to the effect that the application itself seeking to place on record the disability certificate having been filed after evidence was closed with the application seeking such disability certificate before the medical authority also having been moved in the month of December 2018, the impugned order is not required to be interfered with. 3. Learned counsel for the petitioner on the other hand submits that the petitioner is 65 years old and is seeking compensation for an injury stated to have been received by her in a motor vehicle accident that took place on 09.06.2017, and therefore simply because she was not literate enough to apply for a disability certificate prior to December 2018, she should not be perpetually made to suffer for that. 4. Having considered the matter, in view of what has been contended by learned counsel for the petitioner here in above, which factually could not be refuted by learned counsel for the respondent-insurance company, I consider it appropriate to allow this petition. 5. Ordered accordingly. 6. The impugned order is set aside and the application filed by the petitioner before the Tribunal, seeking to lead by way of additional evidence the disability certificate shown to be issued by the Principal Medical Officer, Civil Hospital, Kaithal, is ordered to be taken on the record as an appropriately numbered exhibit. 7. However, it is made absolutely clear that this Court is not making any comment whatsoever with regard to the genuineness of the disability certificate, which naturally would need to be proved by the petitioner (claimant before the Tribunal) by appropriate evidence to be led by her. 8. 7. However, it is made absolutely clear that this Court is not making any comment whatsoever with regard to the genuineness of the disability certificate, which naturally would need to be proved by the petitioner (claimant before the Tribunal) by appropriate evidence to be led by her. 8. If she leads such evidence in the form of examining a Doctor from the Board that issued the certificate, the Tribunal will fully satisfy itself with regard to the nature of the disability, because a perusal of the copy of the certificate as has been placed on record with the present petition, makes it difficult to actually know the disability stated to have been suffered by the petitioner, except to the extent that it is shown to be 18% disability. 9. The Director General Health Services, Haryana, is also directed to issue instructions immediately to all Civil Surgeons in the State of Haryana, that when disability certificates are being issued, the irrelevant parts in the standard form are struck out, and the certificates issued are clearly legible and in a typed out format, with pages to be added to the standard format issued, if necessary. 10. A copy of this order be given to Mr. R.K.S. Brar, learned Addl. A.G., Haryana, for onward transmission to the Director General Health Services, Haryana, who would thereafter, issue the instructions necessary and file his own affidavit, giving a report to that effect to this Court. 11. For that purpose, this case file be put up on 07.05.2019. 12. To be shown in the urgent motion list. 13. The Tribunal will now continue with proceedings after accepting the document sought to be tendered by way of additional evidence, as an exhibited document.