AI Overview...
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Doctor Examination Necessary for Disability Assessment - It is essential that a qualified medical professional examines the injured individual to accurately determine the extent and nature of disability, which directly influences entitlement to disability pension or compensation. Mere certificates or reports without proper examination and cross-examination of the doctor are insufficient. SANTOSH KUMAR VS UNION OF INDIA - Himachal Pradesh, Vinkel Kumar VS New India Assurance Co. Ltd. - Jammu and Kashmir, DAHIBEN WD/0 BABUBHAI VAGHARI vs GUJARAT STATE ROAD TRANSPORT CORPORATION - Gujarat
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Role of Medical Evidence and Certificates - Medical certificates alone are not conclusive unless the doctor who issued them is examined and their assessment is subjected to cross-examination. The credibility of disability certificates depends on proper medical examination and evidence from treating doctors. Vasant s/o Pandurang Bhutade VS Solar Chemicals, Chandrapur and another - Bombay, DAHIBEN WD/0 BABUBHAI VAGHARI vs GUJARAT STATE ROAD TRANSPORT CORPORATION - Gujarat
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Assessment of Disability and Earning Capacity - For determining disability percentage and its impact on earning capacity, the courts and authorities require sufficient medical evidence, preferably from a qualified medical practitioner or Medical Board, including examination and possibly cross-examination. This is crucial for calculating compensation and disability benefits. Vijay Ram VS Chander Prakash - Jammu and Kashmir, National Insurance Company Ltd. , No. 7, Umpherson Street, Chennai 600 108 VS Thiru. Rajeshkannan - Madras, Ballari Rajendra VS G. Gurumurthy - Andhra Pradesh
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Legal and Procedural Requirements - Courts have consistently held that non-examination of doctors or reliance solely on certificates without cross-examination diminishes the strength of disability claims. The case law emphasizes that the medical examination by qualified doctors is fundamental for accurate disability assessment. SANTOSH KUMAR VS UNION OF INDIA - Himachal Pradesh, Killath Parambil Hemza VS Pakiriperambil Abdulla - Kerala, Vinkel Kumar VS New India Assurance Co. Ltd. - Jammu and Kashmir
Analysis and Conclusion:
The main insight from the sources is that a doctor must examine the injured person to properly assess disability. Medical certificates are valuable but must be supported by the examination of the treating or examining doctor, who should be available for cross-examination to establish the extent of disability and its impact on earning capacity. This procedural requirement ensures a fair and accurate determination of disability, which is critical for entitlement to pensions or compensation under relevant laws.
Search Results for "Doctor Must be Examined in Case of Injury to Determine the Disability"
2007 0 Supreme(HP) 18 • India - Himachal Pradesh
DEEPAK GUPTA, SURINDER SINGH
- Held, that to be entitled to disability pension, it must be established that the disability has occurred due to wound injury or ... disability is found 20 or above - The petitioner shall be extitled to disablity pension from the date of filing the petition - Writ ... Pension Regulations for the Army and Constitution of India, Articles 226/227 - Writ Petition - Disability Pension _ Admissibility ... We, therefore, direct that the petitioner shall be examine....
2012 0 Supreme(P&H) 1633 • India - Punjab and Haryana
K.Kannan
, who had examined the claimant and had assessed the disability at 77%. ... of Doctor--Doctors' evidence is never put to any useful purpose--No more detail than that fact that the patient was examined and ... that he or she issued a certificate are elicited--Such evidence helps neither the Court nor the party--In every case, the doctor ... The evidence of the doctor who was examined before this Court, has spoken about the nature of ....
1992 0 Supreme(Bom) 122 • India - Bombay
B.U.WAHANE
examined by employers doctor and Civil surgeon-No examination of doctor but medical Certificate was exhibited. ... 1923 ... Sections 64 and 57 - Compensation-Claim for-Workmens burn injury ... The High Court held that doctors non-examination cannot be said to be fatal and medical certificate can be read in evidence. ... In the instant case, the doctor was not examined. Similarly, details were not given in the certificate issued by the doct....
2004 0 Supreme(MP) 267 • India - Madhya Pradesh
S.S.JHA, CHANDRESH BHUSHAN, SUBHASH SAMVATSAR
s Compensation Act to determine loss of earning capacity or percentage of loss on partial disability or permanent disability, as ... the case may be, and determine the quantum of compensation. 1988(1) JLJ 189 approved, 1999(1) Vidhi Bhasvar 17 overruled, [Para 11 ... Act, 1923 may be made to determine compensation. ... It may be mentioned that mere fracture of bones and its re-union will not amount to permanent total disablement or permanent partial disablement, unless the do....
1980 0 Supreme(J&K) 51 • India - Jammu and Kashmir
I.K.KOTWAL
However, the court remitted the case back to the Commissioner to examine a doctor from the Medical Board and determine the nature ... it, and remitted the case back to the Commissioner to determine the nature and extent of the disability and the quantum of compensation ... examined orally and subject to cross-examination. ... any of the doctors constituting the Medical Board, determine afresh in the light of the st....
2012 0 Supreme(Mad) 1237 • India - Madras
S.MANIKUMAR
Workmen's Compensation - Employer-Employee Relationship - Workmen's Compensation Act - Section 11 Fact of the Case: ... Therefore, for determining the nature of permanent disability, there must be sufficient evidence on record to determine total or partial disablement. In the absence of evidence regarding scientific tests to determine the percentage of disability. ... Before the Commissioner for Workmen‘s Compensation, the respondent examined himself as A.W.1 and A.W....
• India - Kerala
U.L.BHAT, K.P.BALANARAYANA MARAR
and loss of earning power to determine the reasonable compensation. ... The court also determined the awarded compensation to be reasonable considering the nature of the injury and loss of earning power ... The court also found the awarded compensation to be reasonable based on the nature of the injury and loss of earning power. ... As against the claim of Rs. 50,000/- as compensation for permanent disability and loss of earning power, the Tribunal awarded Rs. 25,000/-. The doctor did ....
• India - Gujarat High Court
HARSH DEVANI, J
Mere production of a disability certificate or discharge certificate will not be proof of the extent of disability stated therein unless the doctor who treated the claimant or who medically examined and assessed the extent of disability of the claimant, is tendered for cross- examination ... The Tribunal may invariably make it a point to require the evidence of the doctor who treated the injured or who assessed the permanent disability. ... If a #HL_S....
2000 0 Supreme(AP) 870 • India - Andhra Pradesh
N.V.RAMANA
present case though disability certified to be only 60%, doctor opined that claimant could not perform duty of motor vehicle ... driver in future - 60% diability virtually resulted in disability of 100% in earning capacity of claimant - But for accident ... suffered by injured claimant will have to be looked from stand point of disability qua his earning capacity - In the ... ... ( 3 ) DURING the course of enquiry, the claimant examined him....
2018 0 Supreme(J&K) 421 • India - Jammu and Kashmir
SANJEEV KUMAR
suffered by a workman in case of non – scheduled injury – Impugned award set aside. ... there being any certificate by a qualified medical practitioner certifying loss of earning capacity proportionate to percentage of disability ... The Commissioner shall get the appellant medically examined by a qualified medical practitioner or the Board of Doctors for assessment of disability and the loss of earning capacity. ... his own without there being any certificate by a qualified medical pr....
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