The appeal is directed against the judgment, order and award dated 8.9.2014 passed by the Motor Accident Claims Tribunal in Motor Accident Claim Petition No.763 of 2013 Arif Vs. Vinod Kumar Saini and others.
Two arguments have been raised by Sri Srivastava, learned counsel appearing for the appellant insurance company. The first argument is that the motorcycle was not involved in the accident. Secondly, the disability certificate produced by the claimant-respondent was inadmissible in evidence as it was not issued by any Medical Board.
The appellant insurance company can not have any personal knowledge regarding the involvement of the motorcycle in the accident. The owner in his written statement has admitted that the accident took place with the motorcycle. There is no evidence on record to prove that there was any collusion between the claimant and the owner of the motorcycle.
In view of the above, there is no substance in his first submission.
The disability certificate has been given by a doctor. He has appeared as a witness and proved the same. The doctor has stated that he had issued the certificate on the basis of his personal medical experience in the light of the provisions of the Employees Compensation Act, 1923.
The argument that the certificate is inadmissible in evidence as it has not been issued by the medical board has no substance as no provision of the Motor Vehicle Act has been shown to me which provides for filing of the medical certificate or the disability certificate issued by any medical board. The only provision which has been brought to my notice is a note appended to the II Schedule to the Act which provides that in case of injuries which may result in permanent total or permanent partial disablement, the percentage of loss of earning capacity shall be calculated as per the schedule of the Employees Compensation Act, 1923.
The aforesaid provision only mandates for calculating the disability or the percentage of loss of earning capacity as provided under the aforesaid Act. It does not provide that such disability certificate has to be issued by any medical board and that a doctor or any medical practitioner is not competent to issue such certificate.
In view of above, the second submission also fails.
The appeal has no merit and is dismissed.
The statutory deposit made by the appellant shall be remitted to the tribunal for necessary adjustment.
Order Date :- 5.11.2014 Brijesh