Recently a Petition was filed before the Punjab and Haryana High Court, in which the order of Tribunal was challenged, by means of which the Tribunal had rejected the application for assessment of disability by a Medical Board. The ground of rejection is the absence of Medico-Legal Report (MLR).
Hon’ble Punjab and Haryana High Court has allowed the petition filed by the petitioner.
Petitioner challenged the order passed by the learned Motor Accidents Claims Tribunal, Rewari, dated 07.02.2020. By this Order his application was 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.
Court held that in Motor accident cases, disability of injured can be assessed even in the absence of Medico-Legal Report (MLR).
Tribunal has rejected the application on the ground that the disability cannot be assessed without an MLR, as per rules.
Counsel for the Petitioner Mr. P.S. Chauhan argued that there is no such rule existent that a disability cannot be assessed without a medico-legal report.
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.
The Petition was 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.
How the petitioner sustained that disability would be a matter to be considered by the Tribunal wholly on the merits of the claim petition filed before it.
Title: Suga Ram Yogi vs Sita Ram and Others
Case No.: CR-2021-2020
Coram: Hon’ble Mr Justice Amol Rattan Singh
Appearance: Mr P.S. Chauhan, Advocate for the Petitioner