The main legal point established in the judgment is the relevance of expert witnesses, the assessment of disability, and the role of medical evidence in determining compensation for personal injuries sustained in motor vehicle accidents.

1. The Revision Petitioner has focused the present Civil Revision Petition before this Court, as an aggrieved person, as against the order dated 21.12.2010 in I.A.No.549 of 2010 in M.C.O.P.No.418 of 2008 passed by the Learned Additional District Judge (Claims Tribunal), (Fast Track Court No.IV), Bhavani, Erode District, in directing the Revision Petitioner/Petitioner to appear before the Medical Board, Erode, for proper assessment of his 'Permanent Disability'.

2. The Learned Counsel for the Petitioner/Claimant/Respondent urges before this Court that the trial Court has committed an error in allowing the I.A.No.549 of 2010 in M.C.O.P.No.418 of 2008 on the file of the trial Court (filed by the Respondent/Insurance Company) dated 21.12.2010.

3. According to the Learned Counsel for the Petitioner/Claimant, the trial Court has failed to appreciate a vital fact that I.A.No.549 of 2010 in M.C.O.P.No.418 of 2008 on the file of the trial Court is per se not maintainable in law, because of the fact that the Respondent/3rd Respondent/Insurance Company has filed the said Interlocutory Application without making an Endeavour to disprove the Disability Certificate produced by PW2-Doctor (examined on the side of the Claimant) and further on the wrong premise, the Respondent/ Insurance Company apprehends that the percentage of the disability mentioned by PW2 is on the higher side.

4. Lastly, it is the plea taken on behalf of the Petitioner/Claimant that under the Indian Evidence Act, 1872, no one can be permitted to create documents and evidence to disprove the evidence already adduced on behalf of the Petitioner/Claimant, based on assumptions and apprehensions.

5. At this stage, the Learned Counsel for the Petitioner/Claimant cites the decision National Insurance Co. Ltd., Motor Third Party Claims Office, No.751, Mount Road, III Floor, Chennai-600 002 v. 1.A.P.Prasanna Venkatesh and another, 2009 (2) TN MAC 336, at Page 344 in Paragraphs 21 to 23, it is observed and laid down as follows:

"21. The Claims Tribunal is presided over by a Senior Judge of the Subordinate Judiciary. As per Section 169 of the Motor Vehicles Act, the Claims Tribunal shall have all the powers of a civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects. The Claims Tribunal is also deemed to be a civil Court for all the purposes of Section 195 and Chapter XXVI of the Criminal Procedure Code, 1973. The Claims Tribunal was also given the discretion to take the assistance of one or more persons possessing special knowledge of any matter relevant to the inquiry so as to enable the Tribunal to come to a correct conclusion for the purpose of awarding just compensation. Therefore, there is an inbuilt procedure prescribed under the Motor Vehicles Act for the purpose of coming to a correct conclusion.

22. The correctness of the Disability Certificate is a matter to be gone into by the learned Claims Tribunal. While arriving at a conclusion as to whether the claimant has sustained the disability as found mentioned in the disability certificate, the Claims Tribunal was expected to consider the injuries as per the wound certificate as well as the case sheets produced on the side of the claimant, the details furnished in the disability certificate as well as the evidence of the doctor, who had issued the disability certificate. The Tribunal was entitled to have a critical analysis of the evidence tendered by the medical officer. The details which were brought out on cross-examination of the medical officer by the insurance company with reference to the certificate could also be taken into consideration by the Tribunal. It was not the grievance of the petitioner that the insurance company was not permitted to cross-examine the medical officer on the basis of the guidelines prescribed for issuance of disability certificates. There was nothing i