From the above, it is clear that the disability certificate EXTP-RK is based upon the certificate dated 15.04.2014 issued by the Standing Medical Board which, in turn, has been issued on the basis of opinions of three Doctors from the fields of Psychiatry, Neuro-Surgery and Neurology. The witness Dr. Raj Kumar Bhagat examined by the claimant before the Tribunal has stated that he is only a consultant Surgeon and not a Neuro expert/Surgeon. He has also stated that the other two Members of the Medical Board are Physician Specialists and there was no Neuro expert/surgeon to assess the disability of the claimant. The said witness has gone on to state that the certificate of disability of the claimant is with respect to Neuro problems, as such, he cannot comment upon the Neuro related problem or disability. He has confirmed the fact that he has never examined the claimant. {Para 11}
12. It is an admitted fact that the disability of the claimant relates to Neuro problem. It is also an admitted case that Dr. Raj Kumar Bhagat, who was examined as a witness by the claimant, has neither treated, nor examined the claimant and he is not even associated with the field of Neurology. The question that arises for determination is, as to whether, on the basis of the statement made by a Doctor, who has neither examined the claimant, nor he is an expert in the relevant field, it can be stated that the claimant has suffered a particular type of disability simply on the basis of a certificate issued by the Medical Board.
IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Mac App. Nos. 96/2022 and 128/2022
Decided On: 11.05.2023
National Insurance Co. Ltd. Vs. Subash Chander and Ors.
Hon'ble Judges/Coram:
Sanjay Dhar, J.
Citation: MANU/JK/0412/2023.
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