Tribunals must examine medical experts or constitute Medical Boards to verify disability certificates before dismissing compensation claims.

The legal representatives of the original claimant, Anjana Bhatiya, appealed against the award dated 23.10.2018 passed by the Additional Claims Tribunal Dongargarh in Claim Case No. 17/2017

The Tribunal had dismissed the claim application for compensation on the grounds that the doctor who issued the permanent disability certificate was not examined

Although a disability certificate (Ex. P-15) was produced, the Tribunal found no merit in the claim due to the lack of medical testimony

1. Whether the Claims Tribunal was justified in dismissing the claim for compensation on the sole ground that the doctor/Medical Board members who issued the disability certificate were not examined

The Court primarily relied on the precedent established by the Supreme Court in Raj Kumar v. Ajay Kumar & Another (2011) 1 SCC 343

This principle mandates that while a disability certificate is not proof of disability unless the treating or assessing doctor is produced for cross-examination, the Tribunal must act with caution

If the Tribunal is dissatisfied with the medical evidence produced, it has the power and duty to constitute a Medical Board to assess the claimant's disability rather than summarily dismissing the claim

The High Court observed that while the appellants filed a disability certificate (Ex. P-15), the Doctors or Members of the Medical Board were indeed not examined

However, the Court reasoned that per the Raj Kumar guidelines, the Tribunal erred by dismissing the application outright

Instead of dismissal, the Tribunal ought to have constituted a Medical Board to verify and prove the medical certificate

The Court found that the finding of non-entitlement to compensation was unsustainable because the procedural safeguard of referring the claimant to a Medical Board—available to the Tribunal when medical evidence is deemed insufficient—was not utilized

The Court held that the matter must be remitted to the Claims Tribunal for fresh consideration

The Tribunal was directed to examine the Doctors/Members of the Medical Board to prove the disability certificate (Ex. P-15) and allow the claimants to produce further evidence

The Tribunal is ordered to pass a new award within four months of receiving the case record