- (1.) AMITAVA Lala, J. This appeal is arising out of the judgment and order dated 1. 5. 2008 passed by the concerned Motor Accidents Claims Tribunal, Jhansi, awarding a compensation of Rs. 1,40,000/- along with interest @ 6% per annum on account of injuries of the claimant.
(2.) IT has been contended before us by the appellant/insurance Company that the medical certificate, which has been given by the medical practitioner of the community health centre could not be said to he appropriate medical cer tificate for the purpose of ascertainment of disability of 45%. It is pertinent to mention that normally we consider the validity of the certificate to be issued by the office of the Chief Medical Officer of the dis trict, if there is signature of more than one medical practitioners by following the principle plurality causes genuinity. Learned Counsel has shown us a circu lar letter dated 26. 8. 1986 to that extent. After going through the same, we find that the same is not needed for consideration for these type of cases, but for some other purposes. Moreover, it is purely an administrative order. However, by taking notional value of the order now we have to see whether there is any legal force behind it or not, so that the same may be followed strictly. In this context, we have gone to the provisions of Motor Vehicles Act, 1988, but we do not find any definition of 'medical practitioner'. Again we gone through the provisions of Workmen's Compensation Act, 1923 and found reference is avail able there. It is pertinent to mention here that such a Act is applicable in the case under section 163-A of the Motor Vehicles Act, 1988. Be that as it may, if there is an application under section 163-A or 166 of the Motor Vehicles Act, 1988, then at least some clue is available before us to analyse the evidentiary value of the medical certificate. Section 2 (i) of Workmen's Compensation Act, 1923, provides a defini tion of 'qualified medical practitioner' as follows : "qualified medical practitioner" means any person registered under any {central Act, Provincial Act or an Act of the legislature of a (State)} providing for the maintenance of a register medical practitioners, or, in any area where no such last-mentioned Act is in force, any person declared by the State Government, by notification in the official gazette, to be a quali fied medical practitioner for the purposes of this Act. "
(3.) EVEN on ascertainment of amount of compensation under section 4 therein, again the word qualified medical practitioner is incorporated without specifying the issue, whether certificate will be issued by the Chief Medical Officer or not. However, it is desirable that in such circumstances of the case, the genuinity of the certificate will be examined. If it is done by the office of the Chief Medical Officer with the counter signatures of other medical practi tioner, then it will carry more weight in the eyes of law. In this case, an or thopaedic surgeon being member of specialist sitting in the office of the Superintendent Community Health Centre, Mauranipur, Jhansi issued the cer tificate counter signed by other medical practitioner/s. It is well known that Community Health Centre runs under the control of District Health Office. Therefore, such certificate cannot be said to be of no force. Moreover, poor peo ple of having lower income group may or may not travel up to the district head quarters to avail such certificate due to various contingencies. Therefore, taking into account such aspect of the matter, we cannot hold and say that the medical certificate issued by an orthopaedic surgeon along with other members of such Community Health Centre, is not genuine. Where a medical certificate is issued by any Government authority it carries status of public document. The other aspect is different between a certificate given by the single medical practitioner and by a board of medical practitioners. Plural includes singular when singular excludes plural. In every sphere of life specially in dis charging noble cause, plurality is respected. Therefore, although there is no hard-n- fast rule is available to obtain certificate from the office of the Chief Medical Officer or from the office of sub-ordinate to Chief Medical Officer. But it is desirable to obtain certificate of such nature, having more value and authentic in nature. We have already gone into this aspect of the matter and we find no reason to doubt the validity and/or genuinity of the medical certificate.;