Disposed

Icici Lombard General Insurance Co.Ltd. v. Union of India

Orissa HC26 Jun 2023WP(C)/17926/2016

Case brief

AI extract

What is this about?

The High Court disposed of a pending writ petition where the petitioner challenged a disability certificate. The Court directed the parties to approach the M.A.C.T. Tribunal to refer the matter to a new medical board and expedited the trial.

What did the court decide?

Petitioner directed to file application before Tribunal to refer victim to new medical board; Tribunal directed to expedite trial within four months.

Icici Lombard General Insurance Co.Ltd. Vs Union of India — Orissa HC (2023) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.17926 of 2016

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ICICI Lombard General Insurance

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…. Petitioner

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Co. Ltd.

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Mr. G. Mishra, Advocate

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-versus-

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…. Union of India & others Opposite Parties Mr. B. Dash, Advocate For O.P. No.1 Mr. P.K. Mishra, Advocate For O.P.No.5-Claimant

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CORAM:

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JUSTICE A.K. MOHAPATRA

Order No.

ORDER 26.06.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard Mr. G. Mishra, learned counsel appearing for the petitioner & Mr. B. Dash, learned counsel appearing for the Opposite Party No.1 as well as Mr. P.K. Mishra, learned counsel appearing for the Claimant. Perused the writ petition as well as the documents annexed thereto.

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The present writ application has been filed by the Petitioner with the following prayer:-

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“Under the facts and circumstances as narrated above, this Hon’ble Court may graciously be pleased to issue notice to the Opp. Parties and after hearing the parties, be pleased to quash the disability certificate issued by the District Medical Board, Jajpur dated 02.04.2014 under Annexure-1 and direct the Opp. Party Nos.1, 2 & 6 to implement the guidelines under

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// 2 //

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Annexure-3 and Annexure-4 Series strictly in all matters pertaining to issuance of Disability Certificates and further be pleased to pass any order/orders as deemed fit and proper.”

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It is submitted by learned counsel for the Petitioner that being aggrieved by the disability certificate issued by the District Medical Board, Jajpur, the petitioner has approached this Court by filing the present writ application.

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It is submitted by learned counsel for the petitioner that the disability certificate issued by the District Medical Board that is headed by C.D.M.O., Jajpur is a defective one.

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Learned counsel for the Claimant, on the other hand submitted that the District Medical Board is the Competent Authority after examination of the victim has issued the medical certificate. Therefore, there is the same is no more open to him assailed by the petitioner.

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This Court further taking into consideration the fact that the matter is pending since 2016 that is for almost 7 years before this Court and the trial before the Tribunal has not been extending the interim order passed in this case. It was the considered view that the writ application can be disposed of at this stage by giving an opportunity to the petitioner to file an application before the Tribunal for referring the victim to a Medical Board to be constituted by the Superintendent of SCB Medical College, Cuttack. In such view of the facts, the writ application is being disposed of with a direction by granting liberty to the petitioner to move an application before the learned Tribunal with a

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prayer to refer the victim to the medical board be constituted by the Superintendent, SCB Medical college. Fixing the time limit which shall be lesser than four weeks from the date in such order passed by the learned Tribunal. The parties are directed to cooperate in the event the matter is referred to the new medical board be constituted by

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// 3 //

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Superintendent of SCB medical college. Accordingly, this also directed that both the parties shall appear before the learned M.A.C.T. Tribunal within 10^th July, 2023. On which date the petitioner shall file an application with a prayer to refer the matter to the medical board to be constituted by the Superintendent of SCB Medical College. If the petitioner fails to approach the Tribunal this order shall not be given effect to. Further, considering the fact that the matter is pending since 2016, learned Tribunal is directed to expedite the trial and try to conclude the same preferably within a period of four months from the date of production of the certified copy of this order.

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With the aforesaid observations/ directions, the writ application stands disposed of.

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Issue urgent certified copy of this order as per Rules.

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Anil

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( A.K. Mohapatra )
Judge

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 27-Jun-2023 18:17:15

Icici Lombard General Insurance Co.Ltd. v. Union of India

Case brief

What is this about?

What did the court decide?

Icici Lombard General Insurance Co.Ltd. v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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