The Madras High Court today upheld the award passed by the Motor Accident Claims Tribunal in a case and then framed some guidelines for assessing permanent disability.
A division bench, comprising Justice R. Sudhakar and Justice S. Vaidyanathan, was hearing a civil miscellaneous appeal filed by M/s.TATA AIG General Insurance Co. Ltd against the award and the decree passed by the Tribunal.
The matter relates to a road accident on July 1,2011 on the Tirupur-Palladam road. The claimant Prabhu sustained severe head injury and injuries all over the body. He claimed a compensation of Rs.24,00,000. The Tribunal awarded a compensation of Rs.18,37,840 which was challenged.
Dismissing the insurance company's appeal, the bench, after referring to a Supreme Court judgment, said in its order that "we find that the doctors assess percentage without identifying the basis for the same and the claims Tribunal mechanically reduces say 5% or 10% and conclude that the reduced percentage was functional disability. This is not a healthy practice."
It observed that the cause for "this problem is the near arbitrary assessment of permanent disability by the set of doctors who regularly appear before the claims Tribunals."
"We deem it is now time to introduce or usher in an uniform and consistent procedure for such assessment which would rid the need for even examining such doctors and save time for the claims Tribunals to dispose of claims. More importantly, it may rid the jurisdiction of the one 'sore point' which is adding to the pendency and appeals too."
The bench, while referring to a notification of the central government on assessment of disability and the apex court judgment, said that "as pointed out in Raj Kumar's case by the apex court that reference and reliance on Persons with Disability (Equal Opportunities, Protection of Right and Full Participation) Act,1995 may not afford a solution for all kinds of disablements suffered in a motor accident."
"Instead, we find that Disability (Permanent Physical Impairment) -Assessment and Certification- Guidelines & Gazette Notification- issued by the Ministry of Social Justice & Empowerment, Government of India June,13, 2001- published by National Institute for the Orthopedically Handicapped, is a comprehensive test and manual put in place."
"We find that the guidelines have the backing of scientific analysis and data and methods devised to reduce the scope for speculation or arbitrariness.
