ASSESMENT OF DISABILITY BY MEDICAL BOARD AND ISSUANCE OF DISABILITY CERTIFICATE IN MOTOR VEHICLE ACCIDENT CLAIMS INJURY CASES

ASSESMENT OF DISABILITY BY MEDICAL BOARD AND ISSUANCE OF DISABILITY CERTIFICATE IN MOTOR VEHICLE ACCIDENT CLAIMS INJURY CASES

 

When a person sustains injury in a motor vehicle accident, he can file a petition in motor vehicle accidents claims tribunal, claiming compensation, from the owner of the vehicle which caused the accident and its insurance company. To award compensation the court must know the percentage of disability caused to the person by the accident. For that disability certificate has to be produced before the court. The disability certificate must be given by the medical board within the jurisdiction of the court.

It is clearly discussed in Oriental insurance company ltd., Vs minor Giridharan & another   2020 (1) TNMAC 671.

Assessment of disability by medical board and issuance of disability certificate – Uniformity, consistency and standardization in issuance of disability certificates – Procedural frame work to be followed – Directions issued in PRABHU with reference to notification, dated 1.6.2001 and circular dated 13.6.2001 providing guidelines for evaluation of various disabilities and procedure for certification – central government in notification, dated 4.1.2018 notified necessary guidelines for assessing specific disabilities – guidelines at annexure II of notification, dated 4.1.2018 to supercede guidelines issued in notification,1.6.2001 and 18.2.2002 – Therefore disability certificates to be  issued by authorities / medical boards as per Appendices in notification dated 4.1.2018  - formats prescribed under notification, dated 4.1.2018 to be strictly followed  in order to  ensure uniformity, consistency and standardization in assessment – Tribunal directed to accept only statutory certificates to fix disability – Registry directed to circulate the order copies to all district and subordinate courts dealing with motor accident claims cases and concerned authorities for issuing necessary directions to medical boards in district.

Tribunal to accept only statutory certificates to fix disability.