JKL High Court Raps Medical Officer For Issuing Disability Certificates To Motor Accident Victims For 'Extraneous Considerations', Orders Inquiry
The Jammu and Kashmir and Ladakh High Court recently censured a medical Officer for conducting grave professional misconduct by issuing number of Permanent Disability Certificates, though being not competent to issue such certificates, and help beneficiaries to get hefty amount of compensation from the Motor Accidents Claims Tribunals from time to time without there being any such...
The Jammu and Kashmir and Ladakh High Court recently censured a medical Officer for conducting grave professional misconduct by issuing number of Permanent Disability Certificates, though being not competent to issue such certificates, and help beneficiaries to get hefty amount of compensation from the Motor Accidents Claims Tribunals from time to time without there being any such disability, thereby causing wrongful loss to the insurance companies.
A bench of Justice Tashi Rabstan directed,
"An Inquiry into the conduct of Dr. N.D. Dar after issuing notice to him as to why his license as a doctor be not cancelled/terminated immediately thereby removing his name from the list of medical practitioners and he be debarred from practicing as a Doctor henceforth."
The directions came to passed by the bench while collectively hearing four appeals filed by the insurance company against the awards passed by Motor Accident Claims Tribunal in four different cases.
During the course of hearing the court noted that theTribunal while passing the awards had solely relied upon the statement of Dr. N.D. Dar as well as the disability certificates issued by him in respect of all the four claimants. Court also noted that the said Dr. N.D. Dar while recording his statement had clearly deposed that the claimants were treated by the Orthopedic Surgeon, who can give the exact percentage of the disablement and that he issued the certificates without the opinion of Orthopedic Surgeon.
The court further noted that the Causality Medical Officer, District Hospital, Doda had shown the injuries in respect of respondent Ghulam Qadir to be simple in nature, whereas as per the certificate issued by Dr. N.D. Dar, respondent Ghulam Qadir had been shown to have become disabled due to the injuries caused to him in the accident and the percentage of disablement has been shown to be more than 70% and is permanent in nature.
Recording the material contradictions between the opinions of Causality Medical Officer, District Hospital, Doda and Dr. N.D. Dar, Assistant Surgeon, District Hospital, Doda with respect to the injuries caused to the claimants and the report of the Medical board formed in pursuance to the directions of the earlier order of the court, Justice Tashi observed that Dr. N.D. Dar had issued such disability certificates only for extraneous considerations and in active connivance with beneficiaries of such certificates.
Accordingly, the Court directed an enquiry into his conduct by the Director Health Services and set a timeline to submit a report within 3 months.
Case Title: Oriental Insurance Co. Ltd. Vs Ghulam Qadir & anr
Citation: 2023 LiveLaw (JKL) 38