MIR DARA SHEKO,J. - (1.) This revisional application arose out of an application under Article 227 of the Constitution of India, which has been directed assailing order No. 86 dated February 02, 2016 passed by the learned Judge, Motor Accident Claims Tribunal, 5th Court, Paschim Medinipur in Motor Accident Claim Case No. 366 of 2008.
(2.) The matter is taken up for hearing in presence of Mr. Krishanu Banik, learned Advocate for the petitioner/claimant and Mr. K.K. Das, learned Advocate for the Reliance General Insurance Co. Ltd. and Anr.
(3.) The backdrops of this case are as follows :- a) Alleging one road traffic accident occurred on June 20, 2007 at the place under Police Station - Debra, District - Paschim Medinipur and F.I.R. No. 81 dated June 20, 2007 was registered at the instance of the wife of the alleged road traffic accidental victim Bhaktipada Das, he being the petitioner of this revisional application. b) The copy of F.I.R. as shown by Mr. Banik, which has also been returned back shows that said Bhaktipada Das, being a Van Rickshaw-puller had been met with the road traffic accident. c) During course of evidence a good number of documents have been exhibited of which one original disability certificate of the petitioner was marked as Ext. 4. d) On the side of the petitioner he himself as PW-1 and his mother as PW-2 were examined and cross-examined in full to the satisfaction of the parties. e) At that juncture further evidence was to be adduced on the side of the petitioner when one application was filed before the learned Tribunal seeking direction so that the petitioner would be again placed before the concerned Disability Board of Medinipur Medical College and Hospital for re-examining and to issue disability certificate afresh since according to the petitioner, he has been disputing the note of the erstwhile Medical Board as is appearing as "congenital Equinous Deformity" meaning thereby the deformity which was allegedly found by the said Medical Board was by birth. ;