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HC irked by norms breach in disability certificates
Coming down heavily on the doctors for issuing disability certificates (DC) without meeting the statutory requirements, which is leading to exorbitant compensation claims, the Madras High Court has sought the government to direct the medical boards across Tamil Nadu to issue disability certificate strictly as the per the format prescribed by the Ministry of Social Justice and Empowerment
Justice R Mahadevan gave the direction while observing that in several cases where disability certificates were issued by the doctors, no such disabilities were found. Moreover, the subordinate courts have accepted the certificates blindly and awarded the compensation.
Further, holding that issuance of the certificate without meeting the statutory requirements would only result in irregularities and inconsistencies, the judge directed the government to ensure that these certificates were issued only as per the appendices prescribed in the notification dated January 1, 2018, issued by Department of Empowerment of Persons with Disabilities, as that alone would ensure a reasonably safe, accurate and consistent assessment of disability that can be acted upon by all concerned.
He also directed the district and subordinate courts to accept only such statutory certificates while fixing the percentage of disability, and reiterated that a mere statement for disability should not be considered for awarding compensation.
In his order, Justice Mahadevan also noted that compensation in personal injury cases must be determined considering the sufferings of the parties as well as the bodily injuries caused leading to permanent disability.
The order came on a batch of appeals moved by insurance companies challenging the compensation awarded by subordinate courts dealing with accident cases.
In the recent days, the High Court had quashed two cases where the compensations awarded to accident victims and kin were deemed to be exorbitant. The court had also directed action against the presiding officer of the Motor Accident Claims Tribunal involved in both cases.