ORIENTAL INSURANCE CO. LTD. Vs. GHULAM QADIR

JUDGEMENT

(1.) These four appeals were heard and reserved on 13/9/2021. However, during dictating the judgment, it transpired that in MA No.464/2011 the Causality Medical Officer, District Hospital, Doda has shown the injuries in respect of respondent Ghulam Qadir to be simple in nature, whereas as per the certificate issued by Dr. N.D. Dar, Assistant Surgeon, District Hospital, Doda, injured, respondent No.1 herein, has been shown to have become disabled due to the injuries caused to him in the accident and the percentage of disablement has been shown to be more than 70% and is permanent in nature. Thus, there are material contradictions when one compares the opinions of Causality Medical Officer, District Hospital, Doda and Dr. N.D. Dar, Assistant Surgeon, District Hospital, Doda with respect to the injuries caused to respondent No.1 in the accident. Interestingly, in the statement recorded before the Presiding Officer of learned Tribunal, Dr. N.D. Dar has himself deposed that the injuries caused to respondent No.1 during the accident pertained to Orthopedic Surgeon who treated respondent No.1 and he only treated respondent No.1 only when he was brought to the hospital. Thus, he had himself admitted that he was not an Orthopaedic Surgeon. Not only this, he himself deposed that the Orthopedic Surgeon can give the exact percentage of disablement; meaning thereby he has himself admitted that he was not competent to issue such a disability certificate. In all these four petitions Dr. N.D. Dar has issued the disability certificates and somewhat similar is the position in rest of the three matters too.

(2.) Even in MA No.9900002/2011, the record of the learned Tribunal shows that while recording his statement Dr. N.D. Dar had deposed that the injured Abdul Hamid has become disabled and the percentage of disablement is 80% and is permanent in nature. However, in cross examination he deposed that said Abdul Hamid remained admitted in District Hospital, Doda only for one day and thereafter he was referred to Jammu where he got treatment. He further deposed that the doctors at Jammu can give the exact percentage of disablement. It is very strange that the patient was being treated at Jammu and the disability certificate is being issued by a doctor from Doda that too who was neither an Orthopedic Surgeon nor competent to issue such a certificate.

(3.) It has also been noticed by me that not only in these petitions, but in many other claim petitions too that very doctor has liberally issued the disability certificates without any competence, obviously against some consideration.