RAFIQ, J.—All these appeals have been preferred by the appellant-United India Insurance Co.Ltd. against the different awards passed by the different Motor Accident Claims Tribunals assailing the interim-compensation under 'no fault liability' awarded in favour of the claimant-respondents, hence are being decided by this common order.

2. In some of the matters, this Court has passed the following detailed common orders, firstly in S.B. Civil Misc.Appeal No.6396/2011 (United India Insurance Co.Ltd. vs. Smt.Kamla & Ors.) on 2/12/2011:-

“Learned counsel for the appellant Insurance Company has argued that there is a racket going on in Dhanwantri Life Care Pvt.Ltd. 67/56-A New Sanganer Road, Mansarovar, Jaipur and S.K. Soni Hospital, Vidhyadhar Nagar, Jaipur, which is indiscriminately issuing bogus disability certificates assessing disability of the claimants much in excess of the actual disability and in some cases, even without any disability at all and the Tribunals/ Workmen Compensation Commissioners on that basis have been liberally granting compensation. This is a serious allegation and such practice ought not to be therefore allowed to go on any further.

Learned counsel has cited the Circular issued by the Medical & Health (Group-2) Department, Government of Rajasthan dated 29/6/2010 whereby, the Government of Rajasthan has issued instructions that such disability certificates can be issued only by the medical board consisting of three doctors of the government hospital. This direction has been issued in terms of the Notification issued by the Ministry of Social Justice & Empowerment Department, Government of India, New Delhi dated 30/12/2009. Counsel has also cited the letter issued by the Director Medical & Health Services, Government of Rajasthan, Jaipur dated 19/8/2011 whereby, those two hospitals have been directed not to issue any such disability certificates in future. It has been mentioned in those letters that the disability certificates issued by those two hospitals are being produced for filing claim petitions. Learned counsel has also invited the attention of the Court towards two more Circulars issued by the Government of Rajasthan to the same effect dated 25/5/2010 and 30/8/2010. These letters are taken on record.

Issue notice, returnable by eight weeks. In the meanwhile, Tribunal at Shahpura, Jaipur is directed not to disburse the amount deposited by the insurance company under 'no fault liability' to the claimants and the insurance company may not be required to deposit the remaining amount in terms of the impugned-award and the amount so far deposited may not be disbursed to the claimants save with permission of this court. The Tribunal at Shahpura, Jaipur is also directed to get the claimants re-examined through the medical board to be constituted by the Superintendent SMS Medical College & Hospital, Jaipur to ascertain their disability.

All the Motor Accident Claims Tribunals at Jaipur and the Employee's Compenation Commissioner, Jaipur District-I, II & III as well as Jaipur City at Shanti Nagar, Opposite NBC Hasanpura, Jaipur are henceforth directed not to accept or rely on any such disability certificates issued by Private Hospitals including above referred to two hospitals in any claim petition and insist on the claimants to obtain the disability certificate from the duly constituted medical board of the government hospital as per the Circulars of the Government of Rajasthan dated 29/10/2010 and 19/8/2011 and the Notification issued by the Ministry of Social Justice & Empowerment Department, Government of India, New Delhi dated 30/12/2009.

A copy of this order be sent to all the Motor Accident Claims Tribunals at Jaipur and The Employee's Compenation Commissioner, Jaipur District-I, II & III as well as Jaipur City at Shanti Nagar, Opposite NBC Hasanpura, Jaipur for immediate compliance. A copy of this order be also sent to the Labour Commissioners, Medical & Health Services, Government of Rajasthan, Jaipur.

Con

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