IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.603 OF 2010 Between: Tigulla Shiva Ramulu ..... Appellant AND Vanjari Kishtaiah & another ..... Respondents The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.603 OF 2010 JUDGMENT: The appellant filed W.C.Case No.15 of 2004 before the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, at Patancheru, Medak District (for short, ‘the Commissioner’), claiming compensation for the injuries said to have been received by him in the course of employment. The W.C. Case was dismissed by the Commissioner on 03.03.2010, on the ground that the appellant/applicant did not file the disability certificate. The appellant/applicant states that, inspite of his best efforts, he could not get the disability certificate, and without giving adequate opportunity, the Commissioner dismissed the case. 2. Heard learned counsel for the appellant/applicant and learned counsel for the 2nd respondent. 3. The case was pending before the Commissioner, ever since 2004. So, it cannot be said that the appellant/applicant was not given adequate opportunity. It is, however, brought to the notice of this Court that the appellant faced lot of troubles due to ill health and due to financial constrains, he could not approach the counsel and as well as his personal doctor for the disability certificate. The disability certificate is to be issued only by the competent authority. It cannot be secured from private medical practitioners. The appellant/applicant ought to have been given one more opportunity to obtain the medical certificate which is essential for determination of compensation. 4. Hence, the order under appeal is set aside. It is directed that, in case the appellant/applicant submits the disability certificate within six (6) weeks from today, the same shall be taken on record in accordance with law. The learned Commissioner shall decide the W.C. Case, on merits, duly taking into account the certificate that may be filed. If no such certificate is filed, he shall refer to the evidence available on record and pass a reasoned order. 5. The Civil Miscellaneous Appeal is, accordingly, allowed. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 21st September, 2010. KL HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.603 OF 2010 21st September, 2010. KL