UNITED INDIA INSURANCE CO LTD Vs. RAJESH SHARMA

JUDGEMENT

(1.) ALL the four appeals arise out of an accident which took place on 6.12.1991.

(2.) RAJESH Sharma, appellant in First Appeal No. 226 of 1998, while returning from his factory at Baddi to his residence, driving his Fiat car, collided with a tanker coming from the opposite side. Serious injuries were caused to Rajesh Sharma, and also to his father A.P. Sharma who was travelling by the same car. Both were under insurance cover for accident issued by the United India Insurance Co. Ltd. There is also no dispute that both Rajesh Sharma and A.P. Sharma have suffered permanent disability for which compensation will have to be paid by the Insurance Company. The dispute is about the quantum of compensation payable by the Insurance Company. Both Rajesh Sharma and A.P. Sharma have relied on the medical certificates granted by Dr. B.R. Verma, retired Director of Health Services. Dr. Verma has certified that A.P. Sharma had suffered 75% disability and Rajesh Sharma's disability was to the extent of 56%. The Insurance Company was prepared to give compensation on the basis of Dr. Saluja's opinion. According to Dr. Sanjay Saluja the disability in case of A.P. Sharma was 27% and in case of Rajesh Sharma 26%. The Insurance Company relied on a medical certificate given by Dr. Sanjay Saluja.

(3.) HAVING heard the parties we feel that the case of the two complainants, Rajesh Sharma and A.P. Sharma should be examined by an independent Medical Board. We appoint the Head of the Department of Orthopaedic and the Head of the Department of Opthalmology of P.G.I. Hospital, Chandigarh to examine A.P. Sharma and Rajesh Sharma to constitute the Medical Board. The Board will consider the conflicting medical opinions given by Dr. B.R. Verma and Dr. Sanjay Saluja and give an independent opinion on the quantum of physical disability suffered by the two complainants after a medical check-up.