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2006 Supreme(Raj) 2912

K.S.RATHORE
Preeti Mehta – Appellant
Versus
Judge, MACT, Kishangarh, Ajmer – Respondent


For the Petitioner in person:Preeti Mehta and S.N. Kumawat, Advocates.
For the Respondent:Virendra Agarwal, Advocate.

JUDGMENT

1. - The petitioner preferred this writ petition seeking writ, order or direction to quash and set aside the instructions issued by the respondents vide letter dated 3.8.2004.

2. The petitioner being a member of Kishangarh Bar Association is aggrieved by the directions issued h' the MACT, Kishangarh, Ajmer vide his letter dated 3.8.2004 by which the Principal Medical Officer Rajasthan Yagya Narayan Hospital, Kishangarh was directed to form a Board for medical examination of accident cases.

3. The petitioner referred Rule 10.2(3) of the Rajathan Motor Vehicles Rules, 1990 wherein the certificate is prescribed. In the prescribed proforma, the Medical Officer can give the report of the injuries and therefore, the instructions issued by the Presiding Officer of MACT, Kishangarh is challenged in this writ petition.

4. Notice were issued to the respondent and explanation of the Presiding Officer, MACT Kishangarh was called for.

5. In the reply on behalf of the Presiding Officer, it has been categorically stated that as per Rule 2(i), medical authority means Board constituted by the State Government consisting of three Medical Officer out of which at least one shall be a specialist n



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