The Tribunal should also act with caution, if it proposed to accept the expert evidence of doctors who did not treat the injured but who give `ready to use' disability certificates, without proper medical assessment. There are several instances of unscrupulous doctors who without treating the injured, readily giving liberal disability certificates to help the claimants. But where the disability certificates are given by duly constituted Medical Boards, they may be accepted subject to evidence regarding the genuineness of such certificates. The Tribunal may invariably make it a point to require the evidence of the Doctor who treated the injured or who assessed the permanent disability. Mere production of a disability certificate or Discharge Certificate will not be proof of the extent of disability stated therein unless the Doctor who treated the claimant or who medically examined and assessed the extent of disability of claimant, is tendered for cross- examination with reference to the certificate. If the Tribunal is not satisfied with the medical evidence produced by the claimant, it can constitute a Medical Board (from a panel maintained by it in consultation with reputed local Hospitals/Medical Colleges) and refer the claimant to such Medical Board for assessment of the disability.
REPORTABLE
Supreme Court of India
Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010
Bench: R.V. Raveendran, H.L. Gokhale
Citation: 2011(1)ALLMR(SC)402, 2011 (84) ALR 723, 2011 (1) AWC 720 (SC), [2011(1)JCR143(SC)], 2011(1)KLT620(SC), 2011(2)MhLJ569(SC), (2011)1MLJ778(SC), 2011MPLJ256(SC), 2011(2)PLJR1, (2012)168PLR647, 2011(2)RCR(Civil)101, 2010(12)SCALE265, (2011)1SCC343, (2011)1SCC(Cri)1161, 2011(1)TAC785
