The judgment emphasizes the need for proper medical assessment and the caution required in accepting medical evidence, especially disability certificates, in personal injury cases.

JUDGMENT :

1. Since all the four claimants had been travelling from Doda to Bhagwa by the same offending vehicle bearing No. JK02K-2427, which met with an accident on 26.02.2007, as such all the appeals were taken up together and are being decided by this common judgment.

A. MA No. 464/2011

2. This appeal is directed against the judgment and award dated 31.05.2011 passed by the Motor Accidents Claims Tribunal, Doda in File No. 02/claim in case, titled as, Ghulam Qadir v. Divisional Manager, Oriental Insurance Co. Ltd. & Anr., whereby an amount of Rs. 3,60,000/- along with interest @ 9% from the date of filing of claim petition till realization came to be awarded in favour of claimant-respondent No. 1 herein, and against the Insurance Company.

B. MA No. 9900002/2011 (463/2011)

3. This appeal is directed against the judgment and award dated 31.05.2011 passed by the Motor Accidents Claims Tribunal, Doda in File No. 04/claim in case, titled as, Abdul Hamid v. Divisional Manager, Oriental Insurance Co. Ltd. & Anr., whereby an amount of Rs. 3,90,000/- along with interest @ 9% from the date of filing of claim petition till realization came to be awarded in favour of claimant-respondent No. 1 herein, and against the Insurance Company.

C. MA No. 461/2011

4. This appeal is directed against the judgment and award dated 31.05.2011 passed by the Motor Accidents Claims Tribunal, Doda in File No. 01/claim in case, titled as, Gulshana Begum v. Divisional Manager, Oriental Insurance Co. Ltd. & Anr., whereby an amount of Rs. 2,20,000/- along with interest @ 9% from the date of filing of claim petition till realization came to be awarded in favour of claimant-respondent No. 1 herein, and against the Insurance Company.

D. MA No. 9900006/2011 (462/2011)

5. This appeal is directed against the judgment and award dated 31.05.2011 passed by the Motor Accidents Claims Tribunal, Doda in File No. 03/claim in case, titled as, Ajaz Ahmed (minor) v. Divisional Manager, Oriental Insurance Co. Ltd. & Anr., whereby an amount of Rs. 3,20,000/- along with interest @ 9% from the date of filing of claim petition till realization came to be awarded in favour of claimant-respondent No.1 herein, and against the Insurance Company.

6. Mr. Vishnu Gupta, learned counsel appearing for insurance company contended that the compensation awarded in all the four matters is very high inasmuch as the learned Tribunal has erred in relying upon the certificates issued by Dr. N.D. Dar who, as admitted by him, was not an Orthopedic Surgeon nor he even treated the claimants. It is pointed out and contended that the disability recorded in the certificates does not match with the injuries said to have been suffered by each of the claimants. It is pointed out that the learned Tribunal has simply accepted the medical certificates without going through its genuineness and without discussing evidence in totality in this regard.

7. I have heard learned counsel appearing for the parties, considered their rival contentions and also perused the memo of appeals as well as the record of learned Tribunal-original as well as photocopies thereof.

8. Admittedly, a perusal of the judgments/awards passed by the learned Tribunal in all the four matters reveals that the learned Tribunal while passing the awards solely relied upon the statement of Dr. N.D. Dar as well as the disability certificates issued by him in respect of all the four claimants, least bothering that said Dr. N.D. Dar while recording his statement had clearly deposed that the claimants were treated by the Orthopedic Surgeon, who can give the exact percentage of the disablement and that he issued the certificates without the opinion of Orthopedic Surgeon; meaning thereby the disability certificates were issued by such a doctor who was not at all competent to issue the same.

9. Even, this Court too, while considering these matters had transpired that in MA No. 464/2011 the Causality Medical Officer, District Hospital, Doda has shown the injuries in