UNITED INDIA INSURANCE COMPANY LIMITED Vs. VENUGOPAL

JUDGEMENT

(1.) This civil revision petition has been filed by the Insurance Company aggrieved by the dismissal of its application to refer the claimant to the medical board for its opinion in order to enable the Commissioner for Employees' Compensation to arrive at the just compensation payable to the claimant.

(2.) The original petition in E.C.No.34 of 2016 was filed by the first respondent herein seeking compensation for the injuries sustained by him in an accident that took place during the course of his employment. The claim is being opposed by the petitioner / Insurance company on various grounds. The nature and gravity of the injuries suffered by the claimant are also disputed by the Insurance Company. Even in the objections filed by the Insurance Company, the Insurance Company has sought for referring the claimant to the medical board as per the judgment of the Hon'ble Division Bench of this Court in TATA AIG General Insurance Company Limited Vs. Prabhu and another, 2016 1 TNMAC 609. During trial, after examination of the claimant, the Insurance Company filed the instant application in I.A.No.52 of 2017 seeking reference to the medical board.

(3.) This was opposed by the claimant primarily contending that the reference to the medical board is wholly unnecessary in the light of the provisions of the Employees' Compensation Act, 1923 particularly, the schedule thereto, which provides for a fixed percentage of disability for certain injuries. Therefore, it is the contention of the claimant that unlike cases arising under the Motor Vehicles Act, the discretion vested in the Commissioner, Employees' Compensation to refuse ascertaining of disability is very narrow and therefore, reference to medical board is not necessary. It is the further contention of the claimant that reference to the medical board will unnecessarily delay the proceedings, which would cause substantial prejudice to the claimant. The Commissioner, Employees' Compensation passed an order dated 11.09.2017, dismissed the application concluding that the application is pre-mature. The need or otherwise for an evaluation by the medical board can be decided after the evidence of the Doctor to be examined on the side of the claimant. The Commissioner, Employees' Compensation also concluded that if the evidence of the Doctor, who is examined by the claimant is credible and acceptable, reference to the medical board is not necessary. It is against this order, the Insurance Company has come up with this revision.