MVC, Cross Examination of witness issuing disability certificate
Querist :
Anonymous
(Querist) 21 May 2011
This query is : Resolved
In an MVC, the petitioner was knocked down by my car & sustained simple fracture of right clavicle bone which was treated & healed. Petitioner claims compensation under section 140/ 163-A. He has undergone disability assessment at a government hospital and obtained disability certificate for 23.4% disability of right upper limb & 8% of whole body.
Now, this Government Doctor has added the word “PERMANENT” in describing the disability in the Direct Examination (Evidence by way of written affidavit). This word was not there in the Disability assessment Certificate.
Also in this affidavit the Doctor has written the following:
“BASED ON ALMICO MANUALS GUIDELINES AND GAZETTE NOTIFICATION.
REG. NO. DL 33004/99(EXTRA ORDINARY) PART II,SEC I, JUNE 13 2001 ISSUED BY MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT , GOI. THE PETITIONER SUFFERS THE PERMANENT RESIDUAL PHYSICAL DISABILITY OF ABOUT 23.4% OF RIGHT UPPER LIMB,WHICH IS ABOUT 8% OF THE WHOLE BODY.”
I am the respondent in this case and in the absence of an advocate, going to cross examine this doctor, myself. Hence seek your guidance on the following points.
1)Does the addition of the word “PERMANENT” shows any malafide? How can I utilize this to my advantage during the Cross?
2) His mentioning of the “BASED ON ALMICO……………………….GOI” seems to be out of place and no relationship with the medical assessment (Of disability).
a) What is this notification about?
b) How can I use this to my advantage?
3) Any other guideline to me for a fruitful Cross examination?
Guest
(Expert) 22 May 2011
Don't see any merit in your case in cross-examination of doctor on the points mentioned by you.
