Rajasthan High Court - Jaipur
United India Insurance Co Ltd vs Ramji Lal Kumhar And Others on 24 April, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R 1) S.B. CIVIL MISC.APPEAL NO.6486/2011. United India Insurance Co.Ltd. Vs. Sushil Sharma & Ors. Date of Order :- April 24, 2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Tej Prakash Sharma and Shri Raaj Pal Choudhary for the appellant-insurance company. Shri K.N. Tiwari, Shri Sandeep Mathur, Shri Vinay Mathur, Shri Ram Singh Rathore, Shri Bhanu Prakash Verma, Shri R.M. Sharma and Shri Dharmendra Agarwal for the claimant-respondents. ****** BY THE COURT:-
All these 32 appeals have been preferred by the appellant-United India Insurance Co.Ltd. against the different awards passed by the different Motor Accident Claims Tribunals assailing the interim-compensation under 'no fault liability' awarded in favour of the claimant-respondents, hence are being decided by this common order. In some of the matters, this Court has passed the following detailed common orders, firstly in S.B. Civil Misc.Appeal No.6396/2011 (United India Insurance Co.Ltd. Vs. Smt.Kamla & Ors.) on 2/12/2011:-
Learned counsel for the appellant Insurance Company has argued that there is a racket going on in Dhanwantri Life Care Pvt.Ltd. 67/56-A New Sanganer Road, Mansarovar, Jaipur and S.K. Soni Hospital, Vidhyadhar Nagar, Jaipur, which is indiscriminately issuing bogus disability certificates assessing disability of the claimants much in excess of the actual disability and in some cases, even without any disability at all and the Tribunals/ Workmen Compensation Commissioners on that basis have been liberally granting compensation. This is a serious allegation and such practice ought not to be therefore allowed to go on any further.
Learned counsel has cited the Circular issued by the Medical & Health (Group-2) Department, Government of Rajasthan dated 29/6/2010 whereby, the Government of Rajasthan has issued instructions that such disability certificates can be issued only by the medical board consisting of three doctors of the government hospital. This direction has been issued in terms of the Notification issued by the Ministry of Social Justice & Empowerment Department, Government of India, New Delhi dated 30/12/2009. Counsel has also cited the letter issued by the Director Medical & Health Services, Government of Rajasthan, Jaipur dated 19/8/2011 whereby, those two hospitals have been directed not to issue any such disability certificates in future. It has been mentioned in those letters that the disability certificates issued by those two hospitals are being produced for filing claim petitions. Learned counsel has also invited the attention of the Court towards two more Circulars issued by the Government of Rajasthan to the same effect dated 25/5/2010 and 30/8/2010. These letters are taken on record.
Issue notice, returnable by eight weeks. In the meanwhile, Tribunal at Shahpura, Jaipur is directed not to disburse the amount deposited by the insurance company under 'no fault liability' to the claimants and the insurance company may not be required to deposit the remaining amount in terms of the impugned-award and the amount so far deposited may not be disbursed to the claimants save with permission of this court. The Tribunal at Shahpura, Jaipur is also directed to get the claimants re-examined through the medical board to be constituted by the Superintendent SMS Medical College & Hospital, Jaipur to ascertain their disability.
All the Motor Accident Claims Tribunals at Jaipur and the Employee's Compenation Commissioner, Jaipur District-I, II & III as well as Jaipur City at Shanti Nagar, Opposite NBC Hasanpura, Jaipur are henceforth directed not to accept or rely on any such disability certificates issued by Private Hospitals including above referred to two hospitals in any claim petition and insist on the claimants to obtain the disability certificate from the duly constituted medical board of the government hospital as per the Circulars of the Government of Rajasthan dated 29/10/2010 and 19/8/2011 and the Notification issued by the Ministry of Social Justice & Empowerment Department, Government of India, New Delhi dated 30/12/2009.
A copy of this order be sent to all the Motor Accident Claims Tribunals at Jaipur and The Employee's Compenation Commissioner, Jaipur District-I, II & III as well as Jaipur City at Shanti Nagar, Opposite NBC Hasanpura, Jaipur for immediate compliance. A copy of this order be also sent to the Labour Commissioners, Medical & Health Services, Government of Rajasthan, Jaipur.
Connect with SBCMA Nos.6475/2011, 6485/2011 and 6766/2011.
Subsequently, however, claimants in certain matters approached this Court for clarification/ modification of the order, whereupon this Court on 19/4/2012 passed the following detailed common order in appeals preferred by the United India Insurance Co.Ltd. i.e. SBCMA Nos.6396/11, 6485/11, 6474/11, 6766/11, 6793/11, 7294/11, 7006/11 & 7007/11:-
These matters come up on the applications filed by Shri Sandeep Mathur and Shri Vinay Mathur, learned counsel appearing for the claimant-respondents seeking clarification / modification of the order passed by this court on 2/12/2011. This court on the aforesaid date taking note of the arguments that certain private hospitals are indiscriminately issuing disability certificates, where disability of the claimant has been assessed in excess of the actual disability sustained by the claimants and such certificates are being relied upon by the Motor Accident Claims Tribunals/Workmen Compensation Commissioners at Jaipur while passing the award of compensation, directed the Motor Accident Claims Tribunals/Workmen Compensation Commissioners at Jaipur not to accept or rely upon such disability certificates issued by the private hospitals and insist on the claimants to get themselves re-examined and obtain the disability certificate from a duly constituted medical board as per the Circulars of the Government dated 29/10/2010 and 19/8/2011 and notification issued by the Ministry of Social Justice & Empowerment Department, Government of India, New Delhi dated 30/12/2009 and directed for sending copy of the order dated 2/12/2011 to all the Motor Accident Claims Tribunals at Jaipur and the Employee's Compensation Commissioner, Jaipur District-I, II & III as well as Jaipur City at Shanti Nagar, Opposite NBC Hasanpura, Jaipur for immediate compliance.
Learned counsel for the claimants have submitted respective application that the aforesaid order is causing difficulty in pending claim cases inasmuch as, two notifications issued by the Government of India supra as well as the notification issued by the Government of India published in the Gazette of India (Extraordinary) providing procedure for getting the disability certificate from the medical board issued under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1995 dated 30/10/2009. It was also submitted that the Insurance Companies insists on the claimants to declare wheteher they have not already obtained the disability certificates in the past and if such disability certificates are already obtained by the claimants, they do not normally issue any disability certificate. It is for this reason that learned counsel for the claimants submitted that there should be a specific order by the concerned Tribunal for issuance of any disability certificate.
Learned counsel for the appellant-insurance companies however submitted that this court in number of such matters has directed re-examination of the claimants for assessing their disability again by a duly constituted medical board and lot of disparities have been found between the disability certificates issued by the newly constituted medical board and those of the private hospitals. The Government of Rajasthan taking note of the order passed by this court on 2/12/2011, has issued a general order on 1/2/2012 to all the government hospitals in the State for issuance of disability certificates for the purpose of obtaining compensation in the claim cases arising out of the accidents. It has been provided therein that no government hospital shall refuse to issue disability certificate and on receiving such application by any person would constitute a medical board consisting of experts and if a specialist in a particular subject not available in a government medical institute, such person shall be referred to the nearest district/sub divisional hospitals.
Having regard to the specific order now issued by the Director Medical and Health Services, Government of Rajasthan, Jaipur on 1/2/2012, it is clarified that if and when any such matter is brought before the Motor Accident Claims Tribunals and the Employee's Compensation Commissioner, they shall insist on the claimants to obtain certificate from duly constituted medical board in compliance of the above referred to order of the Government of Rajasthan dated 1/2/2012 and for that purpose, claimants may make appropriate application to the concerned Motor Accident Claims Tribunals and the Employee's Compensation Commissioner at Jaipur, which shall direct the hospitals/ government medical institutes concerned for issuance of such certificates notwithstanding earlier certificate produced by the claimants from a private hospital.
Applications are disposed of with the aforesaid clarification. Copy of this order be sent to all Motor Accident Claims Tribunals and the Employee's Compensation Commissioner, Jaipur District-I, II & III as well as Jaipur City at Shanti Nagar, Opposite NBC Hasanpura, Jaipur. Copy of this order be also sent to the Labour Commissioner, Government of Rajasthan and Director Medical and Health Services Rajasthan, Jaipur for compliance."
Learned counsel for the appellant-insurance company have submitted that in all these matters, already a direction has been issued by the court to the concerned Commissioner Workmen Compensation/ concerned Motor Accident Claims Tribunals to get the claimants re-examined from a duly constituted medical board of a government hospital and in certain other matters, appellant-insurance company was given liberty to make a proper application before the concerned Commissioner Workmen Compensation and Motor Accident Claims Tribunals for re-examination of the claimants for the injuries sustained by them. This Court in some of the matters restrained the concerned Commissioner Workmen Compensation and Motor Accident Claims Tribunals from disbursing the amount of interim compensation to the claimants. In some of the matters however, such interim-order was not passed.
All the 32 appeals are therefore disposed of in the light of the submission made by the learned counsel appearing for the appellant-United India Insurance Co.Ltd. with a direction that disbursement of the amount of interim-compensation shall be dependent on the fresh assessment of the permanent disability of the claimants from a duly constituted medical board of a government hospital and further that payment of interim-compensation if be made, shall be subject to final outcome of the matter passed on newly obtained disability certificate on the basis of opinion of the medical board of the government hospital.
All the 32 appeals are disposed of with the aforesaid direction.
(MOHAMMAD RAFIQ), J.
anil/302-332 & 154
2) S.B. CIVIL MISC.APPEAL NO.7049/2011.
United India Insurance Co.Ltd. Vs. Shri Dara singh & Ors.
3) S.B. CIVIL MISC.APPEAL NO.7050/2011.
United India Insurance Co.Ltd. Vs. Shri Abdul Majeed & Ors.
4) S.B. CIVIL MISC.APPEAL NO.7187/2011.
United India Insurance Co.Ltd. Vs. Asha Ram & Ors.
5) S.B. CIVIL MISC.APPEAL NO.7351/2011.
United India Insurance Co.Ltd. Vs. Shri Ramphool & Ors.
6) S.B. CIVIL MISC.APPEAL NO.8134/2011.
United India Insurance Co.Ltd. Vs. Mahendra & Ors.
7) S.B. CIVIL MISC.APPEAL NO.6107/2011.
United India Insurance Co.Ltd. Vs. Ashok & Ors.
8) S.B. CIVIL MISC.APPEAL NO.6619/2011.
United India Insurance Co.Ltd. Vs. Manju Kanwar & Ors.
9) S.B. CIVIL MISC.APPEAL NO.7006/2011.
United India Insurance Co.Ltd. Vs. Mahesh Kumar Sharma & Ors.
10) S.B. CIVIL MISC.APPEAL NO.6396/2011.
United India Insurance Co.Ltd. Vs. Smt.Kamla & Ors.
11) S.B. CIVIL MISC.APPEAL NO.6474/2011.
United India Insurance Co.Ltd. Vs. Mukesh Kumar & Ors.
12) S.B. CIVIL MISC.APPEAL NO.6485/2011.
United India Insurance Co.Ltd. Vs. Rajendra Yadav & Ors.
13) S.B. CIVIL MISC.APPEAL NO.6766/2011.
United India Insurance Co.Ltd. Vs. Ramesh Chand & Ors.
14) S.B. CIVIL MISC.APPEAL NO.6793/2011.
United India Insurance Co.Ltd. Vs. Inderraj & Ors.
15) S.B. CIVIL MISC.APPEAL NO.7007/2011.
United India Insurance Co.Ltd. Vs. Sushil Kumar & Ors.
16) S.B. CIVIL MISC.APPEAL NO.7294/2011.
United India Insurance Co.Ltd. Vs. Ram Chandra Bagariya & Ors.
17) S.B. CIVIL MISC.APPEAL NO.92/2012.
United India Insurance Co.Ltd. Vs. Deepak & Ors.
18) S.B. CIVIL MISC.APPEAL NO.6143/2011.
United India Insurance Co.Ltd. Vs. Smt.Krishna Devi & Ors.
19) S.B. CIVIL MISC.APPEAL NO.365/2012.
United India Insurance Co.Ltd. Vs. Kumari Sofiya & Ors.
20) S.B. CIVIL MISC.APPEAL NO.6142/2011.
United India Insurance Co.Ltd. Vs. Smt.Maya Devi & Ors.
21) S.B. CIVIL MISC.APPEAL NO.6647/2011.
United India Insurance Co.Ltd. Vs. Banwari Lal & Ors.
22) S.B. CIVIL MISC.APPEAL NO.6110/2011.
United India Insurance Co.Ltd. Vs. Smt.Susheela & Ors.
23) S.B. CIVIL MISC.APPEAL NO.6108/2011.
United India Insurance Co.Ltd. Vs. Sunil Tank & Ors.
24) S.B. CIVIL MISC.APPEAL NO.6109/2011.
United India Insurance Co.Ltd. Vs. Mukesh Bunkar & Ors.
25) S.B. CIVIL MISC.APPEAL NO.6262/2011.
United India Insurance Co.Ltd. Vs. Smt.Maya Devi & Ors.
26) S.B. CIVIL MISC.APPEAL NO.6269/2011.
United India Insurance Co.Ltd. Vs. Jagdish Prasad & Ors.
27) S.B. CIVIL MISC.APPEAL NO.6569/2011.
United India Insurance Co.Ltd. Vs. Mukesh Chhipa & Ors.
28) S.B. CIVIL MISC.APPEAL NO.6794/2011.
United India Insurance Co.Ltd. Vs. Monu alias Saurabh Jangir & Ors.
29) S.B. CIVIL MISC.APPEAL NO.7395/2011.
United India Insurance Co.Ltd. Vs. Ramavatar & Ors.
30) S.B. CIVIL MISC.APPEAL NO.7396/2011.
United India Insurance Co.Ltd. Vs. Laxman Nayak & Ors.
31) S.B. CIVIL MISC.APPEAL NO.6475/2011.
United India Insurance Co.Ltd. Vs. Pappu & Ors.
32) S.B. CIVIL MISC.APPEAL NO.6111/2011.
United India Insurance Co.Ltd. Vs. Ramjilal Kumhar & Ors. *************** All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum J