- (1.) All these appeals have been preferred by the appellant-United India Insurance Co.Ltd. against the different awards passed by the different Motor Accident Claims Tribunals assailing the interimcompensation under 'no fault liability' awarded in favour of the claimant-respondents, hence are being decided by this common order.
(2.) In some of the matters, this Court has passed the following detailed common orders, firstly in S.B. Civil Misc.Appeal No.6396/2011 (United India Insurance Co.Ltd. Vs. Smt.Kamla & Ors.) on 2/12/2011:- "Learned counsel for the appellant Insurance Company has argued that there is a racket going on in Dhanwantri Life Care Pvt.Ltd. 67/56-A New Sanganer Road, Mansarovar, Jaipur and S.K. Soni Hospital, Vidhyadhar Nagar, Jaipur, which is indiscriminately issuing bogus disability certificates assessing disability of the claimants much in excess of the actual disability and in some cases, even without any disability at all and the Tribunals/ Workmen Compensation Commissioners on that basis have been liberally granting compensation. This is a serious allegation and such practice ought not to be therefore allowed to go on any further. Learned counsel has cited the Circular issued by the Medical & Health (Group-2) Department, Government of Rajasthan dated 29/6/2010 whereby, the Government of Rajasthan has issued instructions that such disability certificates can be issued only by the medical board consisting of three doctors of the government hospital. This direction has been issued in terms of the Notification issued by the Ministry of Social Justice & Empowerment Department, Government of India, New Delhi dated 30/12/2009. Counsel has also cited the letter issued by the Director Medical & Health Services, Government of Rajasthan, Jaipur dated 19/8/2011 whereby, those two hospitals have been directed not to issue any such disability certificates in future. It has been mentioned in those letters that the disability certificates issued by those two hospitals are being produced for filing claim petitions. Learned counsel has also invited the attention of the Court towards two more Circulars issued by the Government of Rajasthan to the same effect dated 25/5/2010 and 30/8/2010. These letters are taken on record. Issue notice, returnable by eight weeks. In the meanwhile, Tribunal at Shahpura, Jaipur is directed not to disburse the amount deposited by the insurance company under 'no fault liability' to the claimants and the insurance company may not be required to deposit the remaining amount in terms of the impugned-award and the amount so far deposited may not be disbursed to the claimants save with permission of this court. The Tribunal at Shahpura, Jaipur is also directed to get the claimants reexamined through the medical board to be constituted by the Superintendent SMS Medical College & Hospital, Jaipur to ascertain their disability. All the Motor Accident Claims Tribunals at Jaipur and the Employee's Compenation Commissioner, Jaipur District- I, II & III as well as Jaipur City at Shanti Nagar, Opposite NBC Hasanpura, Jaipur are henceforth directed not to accept or rely on any such disability certificates issued by Private Hospitals including above referred to two hospitals in any claim petition and insist on the claimants to obtain the disability certificate from the duly constituted medical board of the government hospital as per the Circulars of the Government of Rajasthan dated 29/10/2010 and 19/8/2011 and the Notification issued by the Ministry of Social Justice & Empowerment Department, Government of India, New Delhi dated 30/12/2009. A copy of this order be sent to all the Motor Accident Claims Tribunals at Jaipur and The Employee's Compenation Commissioner, Jaipur District-I, II & III as well as Jaipur City at Shanti Nagar, Opposite NBC Hasanpura, Jaipur for immediate compliance. A copy of this order be also sent to the Labour Commissioners, Medical & Health Services, Government of Rajasthan, Jaipur. Connect with SBCMA Nos.6475/2011, 6485/2011 and 6766/2011."
(3.) Subsequently, however, claimants in certain matters approached this Court for clarification/ modification of the order, whereupon this Court on 19/4/2012 passed the following detailed common order in appeals preferred by the United India Insurance Co.Ltd. i.e. SBCMA Nos.6396/11, 6485/11, 6474/11, 6766/11, 6793/11, 7294/11, 7006/11 & 7007/11:- "These matters come up on the applications filed by Shri Sandeep Mathur and Shri Vinay Mathur, learned counsel appearing for the claimant-respondents seeking clarification / modification of the order passed by this court on 2/12/2011. This court on the aforesaid date taking note of the arguments that certain private hospitals are indiscriminately issuing disability certificates, where disability of the claimant has been assessed in excess of the actual disability sustained by the claimants and such certificates are being relied upon by the Motor Accident Claims Tribunals/Workmen Compensation Commissioners at Jaipur while passing the award of compensation, directed the Motor Accident Claims Tribunals/Workmen Compensation Commissioners at Jaipur not to accept or rely upon such disability certificates issued by the private hospitals and insist on the claimants to get themselves re-examined and obtain the disability certificate from a duly constituted medical board as per the Circulars of the Government dated 29/10/2010 and 19/8/2011 and notification issued by the Ministry of Social Justice & Empowerment Department, Government of India, New Delhi dated 30/12/2009 and directed for sending copy of the order dated 2/12/2011 to all the Motor Accident Claims Tribunals at Jaipur and the Employee's Compensation Commissioner, Jaipur District-I, II & III as well as Jaipur City at Shanti Nagar, Opposite NBC Hasanpura, Jaipur for immediate compliance. Learned counsel for the claimants have submitted respective application that the aforesaid order is causing difficulty in pending claim cases inasmuch as, two notifications issued by the Government of India supra as well as the notification issued by the Government of India published in the Gazette of India (Extraordinary) providing procedure for getting the disability certificate from the medical board issued under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1995 dated 30/10/2009. It was also submitted that the Insurance Companies insists on the claimants to declare wheteher they have not already obtained the disability certificates in the past and if such disability certificates are already obtained by the claimants, they do not normally issue any disability certificate.;