High CourtsSingle Bench(2005) 01 P&H CK 0104

United India Insurance Co. vs Parbhat Singh and Others

Punjab And Haryana At Chandigarh · Decided on 18 January 2005 · Citation: (2005) 140 PLR 132

HON’BLE JUDGES
Ashutosh Mohunta, J
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 5987 of 2003 (O and M)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 286 words

Ashutosh Mohunta, J.—C.M. No. 1393-CII of 2005 is allowed and the evidence of P.W.2 Dr. K.K. Mukherjee is taken on record.

2.

Challenge in the present revision petition is to the order dated 29.9.2003 passed by the Motor Accident Claims Tribunal, Chandigarh, by which the application filed by the Insurance Company for constituting a Medical Board for re-assessing the disability suffered by claimant Parbhat Singh, has been dismissed.

3.

Counsel for the petitioner has placed on record the statement of P.W.2 Dr. K.K. Mukherjee, Assistant Professor, Neuro Surgery, P.G.I. Chandigarh. A perusal of the statement of Dr. K.K. Mukherjee shows that the claimant has suffered 100 per cent disability and his condition is not likely to improve. Even during cross-examination Dr. Mukherjee has clearly opined that the head injury suffered by the claimant has led to 100 per cent permanent disability. The Insurance Company has without any basis doubted the assessment made by the Senior Medical Officer, who constituted the Board. The Medical Board, who examined the injured in order to make assessment of the injuries suffered by him, was constituted by the reputed doctors, who are serving in P.G.I., Chandigarh. The assessment of the injuries made by them cannot be doubted at all. I do not find any infirmity in the impugned order dated 29.9.2003 passed by the Motor Accident Claims Tribunal, Chandigarh.

4.

In view of the above, I do not find any merit in this revision petition and the same is dismissed.

5.

As the Insurance Company has levelled wild allegations against the doctors, who are serving in an institution of high repute, i.e. P.G.I., Chandigarh. I impose costs of Rs. 2,000/-, which shall be paid by the Insurance Company to the respondents.