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M/S Shriram General Insurance Co. Ltd., ... vs Anand Prabhu Suryawanshi And Anr on 27 August, 2018

4. Per contra, the learned counsel appearing for the Insurance Company relied upon the judgment of the Hon'ble Division Bench of this Court in 2016 (1) TN MAC 609 (The Branch Manager, TATA AIG 3/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 03:02:11 pm ) C.R.P(MD)No.416 of 2025 General Insurance Co. Ltd Vs. Prabhu & Another) and 2011 ACJ 175 (National Insurance Co.Ltd., Vs. R.Sivakumar & Others) and had contended that the claimants are in the in the habit of producing stock witnesses from the doctors and therefore, in order to eradicate the same, the Hon'ble Division Benches have directed the concerned tribunals to mandatorily send the claimants for appearing before the medical board attached to the Government hospitals, so that the disability certificate could be relied upon by the Courts. According to them, the disability certificate issued by the medical boards would be more valuable and therefore, the request of the claimant to examine an Orthopaedic Surgeon cannot be accepted.
Bombay High Court Cites 0 - Cited by 9 - P R Bora - Full Document

National Insurance Company Limited vs Dr.A.R.Sivakumar on 3 March, 2020

4. Per contra, the learned counsel appearing for the Insurance Company relied upon the judgment of the Hon'ble Division Bench of this Court in 2016 (1) TN MAC 609 (The Branch Manager, TATA AIG 3/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 03:02:11 pm ) C.R.P(MD)No.416 of 2025 General Insurance Co. Ltd Vs. Prabhu & Another) and 2011 ACJ 175 (National Insurance Co.Ltd., Vs. R.Sivakumar & Others) and had contended that the claimants are in the in the habit of producing stock witnesses from the doctors and therefore, in order to eradicate the same, the Hon'ble Division Benches have directed the concerned tribunals to mandatorily send the claimants for appearing before the medical board attached to the Government hospitals, so that the disability certificate could be relied upon by the Courts. According to them, the disability certificate issued by the medical boards would be more valuable and therefore, the request of the claimant to examine an Orthopaedic Surgeon cannot be accepted.
Madras High Court Cites 1 - Cited by 1 - V M Velumani - Full Document

G.Chitra Gunasekaran vs V.Natarajan (Died) on 22 June, 2023

7. The claimant is not satisfied with the level of assessment by the medical board. Therefore, he intends to examine a private Orthopaedic Surgeon to establish that he had incurred higher disability than what is pointed out in the certificate issued by the medical board. The Hon'ble Single Judge of this Court in a judgment reported in 2023 (2) TN MAC 202 (G.Chitra Gunasekaran Vs. V.Natarajan (Died) & Others) after referring to the judgment of the Hon'ble Division Bench in 2016 (1) TN MAC 609 has permitted the claimant to examine a private medical expert, who had given disability certificate. The Court has also permitted the Insurance Company to cross-examine the medical expert.
Madras High Court Cites 8 - Cited by 0 - C Saravanan - Full Document
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