Suga Ram Yog vs Sita Ram And Others

Amol Rattan Singh, J

All cases listed today have been taken up for hearing by way of video conferencing because of the situation existing due to the Covid-19 pandemic.

By this petition, the petitioner challenges the order passed by the learned Motor Accidents Claims Tribunal, Rewari, dated 07.02.2020, by which his

application has been dismissed, seeking that his disability be assessed by a Medical Board, even though he has no copy of any MLR recorded at the

time when he is alleged to have sustained the injury.

The Tribunal has rejected the application on the ground that the disability cannot be assessed without an MLR, as per rules. However, no such rule

has actually been referred to by the Tribunal.

Learned counsel for the petitioner submits that as a matter of fact, there is no such rule existent that a disability cannot be assessed without a medico-

legal report, and consequently the Medical Board should not have disregarded the order earlier passed by the Tribunal on 07.01.2020, by which in fact

at that stage, the application filed by the petitioner for assessment of his disability had been allowed. (In that application it had not been stated that the

disability be assessed without an MLR).

Having considered the matter, I see no reason to disallow this petition, even without issuing notice of motion to the respondents, but of course with

liberty to be granted to them, as also to the Civil Surgeon, Rewari, to file an appropriate application if they are aggrieved of the order being passed by

this Court, in any manner.

Consequently, this petition is being allowed, for the reason that the petitioner is seeking simply an assessment of the disability that exists with him today

(if any), with it alleged that his arm has been amputated.

Naturally, this Court is not making any observation, whatsoever, as to when the arm was amputated or whether anybody from the respondents before

the Tribunal was responsible for such amputation or not.

That would be a matter to be considered by the Tribunal wholly on the merits of the claim petition filed before it, and therefore, at this stage, simply to

determine the disability of the petitioner as it exists today (if any), this petition is allowed with a direction to Civil Surgeon, Rewari, to constitute a

Medical Board which would opine as to the disability existent with the petitioner, as of the day that the he presents himself to the Board.

Upon that certificate being issued by the Board constituted by the Civil Surgeon, the petitioner would be at liberty to place it on record before the

learned Tribunal, simply for that purpose only, i.e. the extent of his disability.

It is again made absolutely clear that no observation or direction issued by this Court today will be taken by the Tribunal to be any comment

whatsoever on how the petitioner sustained that disability, and whether or not the respondents in the claim petition are in any manner liable to

compensate him on that account.

Naturally, that would be an issue to be wholly decided by the Ttribunal as per the evidence led before it.

To again repeat, since the petition has been allowed without issuing notice of motion, if the respondents or the learned Civil Surgeon, Rewari, are

aggrieved by this order in any manner, they would be at liberty to file an application seeking a modification thereof, which of course would be

considered wholly on its merits, if it is filed.

The Board would be constituted by the Civil Surgeon, Rewari, with the disability (if any) to be assessed, before July 21, 2020, which is stated to be the

next date of hearing before the Tribunal.

However, if it is not possible to immediately constitute the Medical Board due to the ongoing pandemic, the Civil Surgeon would pass an order to that

effect, and direct that it would be constituted as and when it is safe to do so, giving in that order and appropriate date for the Board to assemble. If, on

that date too, the situation has not changed qua the pandemic, another appropriate date would be given at that stage.

If such an order (delaying the date of assessment of the disability), is passed by the learned Civil Surgeon, Rewari, the Tribunal would not finalise the

proceedings in the claim petition before it, till the Medical Board is constituted and the report of the Board has been received.