Medical Boards asked to hasten issue of disability certificates

A division bench comprising Justice Rajiv Shakdher and Justice S Vaidyanathan, while examining the validity, sustainability of the High Court’s order that it required the Motor Accident Claims Tribunal, to refer the cases to the Medical Board for ascertaining the extent of disability suffered by the victim said, “The concern of the court was to do away with the situation of production of doctors, who were stock witnesses, for the purpose of placing evidence on record with regard to the disability suffered and not to create a logjam or delay the adjudication of claims.” 

The bench also held that, “The tribunals will bear in mind that if the witnesses produced by the claimants are credible and the presiding officers are satisfied that the matter ought not to be referred to the Medical Boards, then they should proceed in the matter based on the appreciation of the material placed before them.” Also, on holding that the Medical Boards can refer complicated cases to the nearest hospital/college having multi-specialty hospital, the bench directed the board that the reference should clearly articulate the area of concern and that the reference will be accompanied with all relevant papers and the claimant will be communicated the date on which the person’s presence, if at all, is required. 

The advocate general had submitted that Medical Boards were available, both, in the medical colleges located in the State as well as in the district headquarters.