IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3791 OF 2007 Between: The New India Assurance Company Ltd., ..... Petitioner AND D.S. Satyanarayana & another ..... Respondents The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3791 OF 2007 ORDER: 1. The Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 26.06.2007, in I.A.No.09 of 2007 in W.C.150 OF 2005, on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Nalgonda, whereunder and whereby, the petition filed by the petitioner herein/opposite party No.2, under Section V of the Workmen’s Compensation Act, 1923, read with Section 151 of the Code of Civil Procedure, 1908, to refer the workman claimant to a Medical Board for assessing the percentage of disability consequent upon the injuries sustained by the applicant, was dismissed. 2. Heard both sides. 3. It is contended by the learned counsel for the petitioner that the doctor who issued the Medical Certificate has not given the treatment to the injured and therefore, the insurance company filed an application to refer the injured to the Medical Board which is the competent Authority to assess the extent of disability sustained by the injured. 4. On the other hand, the learned counsel for the respondents contended that in view of the fact that the competent Medical Officer examined the injured and the insurance company as well cross-examine the doctor with reference to the Medical Certificate and also with reference to the estimation of percentage of disability sustained by the injured sending the petitioner to Medical Board again to assess the percentage of disability does not arise. 5. Admittedly, the doctor who issued the disability certificate is not the same doctor who gave the treatment and examined the injured. Assessing the disability, after lapse of long time from the date of injuries, has to be assessed by a competent Medical Expert. In view of the fact that the doctor who issued the certificate is not the same person who has given the treatment and in view of the fact that the disability has to be assessed by the competent Medical Board, the Commissioner for Workmen’s Compensation ought to have allowed the petition filed by the insurance company. 6. The impugned order, dated 26.06.2007, in I.A.No.09 of 2007 in W.C.150 OF 2005, on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Nalgonda, is set aside. The petition filed by the insurance company is allowed directing the injured to attend before the Medical Board to be constituted by the Superintendent General Hospital, Nalgonda, for issuance of a Medical Certificate with regard to the assessment of percentage of disability. 7. The Civil Revision Petition is, accordingly, allowed. However, it is made clear that in view of the fact that the case is of the year 2005, all necessary steps have to be taken by the concerned Commissioner to dispose of the case within a period of three (3) months from the date of receipt of disability certificate that may be issued by competent authority. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 8th September, 2010. KL HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3791 OF 2007 8th September, 2010. KL