Mere Disability Certificate Not Proof of Actual Disability in Accident Claims: Gujarat High Court

Mere Disability Certificate Not Proof of Actual Disability in Accident Claims: Gujarat High Court

The Gujarat High Court held that mere production of a disability certificate is not sufficient proof of actual or functional disability in motor accident compensation claims.

The Court observed that tribunals must carefully scrutinise medical evidence rather than mechanically relying on such certificates.

In the case, a claimant produced a certificate showing 90% disability, but the issuing doctor later stated that the disability could be around 55% permanent disability of the whole body, raising doubts.

The Court ruled that the Motor Accident Claims Tribunal should allow reassessment by a competent Medical Board and permit parties to challenge the authenticity or accuracy of disability certificates.

[Tata AIG General Insurance Co. Ltd. v. Sunil Ishwarbhai Panchal & Ors.]

Read Judgement / 3 days ago

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