NEW INDIA ASSURANCE COMPANY LTD Vs. SATANAND TRIPATHI

JUDGEMENT

(1.) AMITAVA Lala, J. This appeal is arising out of the judgment and order dated 1. 5. 2008 passed by the concerned Motor Accidents Claims Tribunal, Jhansi, awarding a compensation of Rs. 1,40,000/- along with interest @ 6% per annum on account of injuries of the claimant.

(2.) IT has been contended before us by the appellant/insurance Company that the medical certificate, which has been given by the medical practitioner of the community health centre could not be said to he appropriate medical cer tificate for the purpose of ascertainment of disability of 45%.

(3.) EVEN on ascertainment of amount of compensation under section 4 therein, again the word qualified medical practitioner is incorporated without specifying the issue, whether certificate will be issued by the Chief Medical Officer or not. However, it is desirable that in such circumstances of the case, the genuinity of the certificate will be examined. If it is done by the office of the Chief Medical Officer with the counter signatures of other medical practi tioner, then it will carry more weight in the eyes of law. In this case, an or thopaedic surgeon being member of specialist sitting in the office of the Superintendent Community Health Centre, Mauranipur, Jhansi issued the cer tificate counter signed by other medical practitioner/s. It is well known that Community Health Centre runs under the control of District Health Office. Therefore, such certificate cannot be said to be of no force. Moreover, poor peo ple of having lower income group may or may not travel up to the district head quarters to avail such certificate due to various contingencies. Therefore, taking into account such aspect of the matter, we cannot hold and say that the medical certificate issued by an orthopaedic surgeon along with other members of such Community Health Centre, is not genuine. Where a medical certificate is issued by any Government authority it carries status of public document.