His Disability Certificate Was Filed But Never Proved, So The Case Goes Back
A lineman cycling home in 2003 had his leg run over by a lorry. The Tribunal awarded him Rs 17,093. His appeal has finally been heard, and the claim will be decided again.
The Court noted this is a case of amputation, and that the disability certificate, though filed, was not established through the doctor who testified. In the interest of justice, the claimant must get a chance to prove the extent of his disability. The award was set aside and the matter remanded, to be decided within two months, with the insurer free to cross-examine.
- Filing a document is not proving it. The certificate was never put to the doctor in the witness box.
- The gap cost him almost everything: Rs 17,093 against a Rs 4 lakh claim.
- The appeal waited 18 years; the remand now runs on a two-month clock.
- The insurer keeps its rights — it may cross-examine and contest the certificate's genuineness.
- Court
- High Court of Andhra Pradesh at Amaravati
- Bench
- Justice VENKATA JYOTHIRMAI PRATAPA
- Citation
- M.A.C.M.A. No. 2848 of 2008
- Case
- M.A.C.M.A. No. 2848 of 2008
- Decided
- 8 September 2026
- Outcome
- Appeal allowed; award set aside and claim remanded to the Tribunal
The accident
In May 2003 the claimant, an assistant electrical lineman, was cycling back to his village after work when a lorry, driven rashly and at speed, came from behind near Viravada in East Godavari and its front wheel ran over his right leg.
He claimed Rs 4,00,000. The lorry's driver and owner stayed away; the insurer disputed the accident, the injuries and the disability.
In April 2007 the Tribunal at Kakinada found the driver rash and negligent, but awarded only Rs 17,093 with interest at 6 per cent. He appealed in 2008.
What went wrong at the trial
A disability certificate from the Government Hospital, Kakinada, was filed before the Tribunal. But it was never put to the doctor from the same hospital who was examined as a witness.
The claimant's counsel asked for a chance to place the material and lead evidence to establish the amputation and a disability of 45 per cent. The insurer left the question of remand to the Court, but asked, if it were ordered, to be allowed to cross-examine the doctor and contest the certificate.
Given that this is a case of amputation, and that the certificate was not established through the doctor's evidence, the Court held that the interest of justice required an opportunity to prove the extent of the disability.
What happens now
The award was set aside and the matter remanded to the Tribunal for fresh consideration. Both parties are to appear on 22 September 2026, without fresh notice.
The claimant is to be allowed to establish the extent of his disability, particularly in light of the amputation, and the insurer is to be allowed to cross-examine and contest the claim.
The Tribunal must conclude the trial and decide the claim afresh within two months, and the record is to go back by special messenger.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Is filing a disability certificate enough in an accident claim?
No. It should be proved through the doctor's evidence. Here it was not, and the case went back for that reason.
How quickly must the Tribunal now decide?
Within two months, with the parties appearing on 22 September 2026.
Proving disability in an accident claim
- Put the disability certificate to the doctor in the witness box; marking it is not enough.
- Call the doctor who examined you, or the board that certified the percentage.
- Link the disability to lost earnings with evidence of your work and pay.
- If the award looks wrong because evidence was missed, ask the appellate court for a remand, not just enhancement.
Source. High Court of Andhra Pradesh at Amaravati, M.A.C.M.A. No. 2848 of 2008, decided 8 September 2026 by Justice VENKATA JYOTHIRMAI PRATAPA. This explainer is written from the judgment text as reported.
Claw tracks High Court of Andhra Pradesh at Amaravati and 24 other High Courts, reads every order handed back, and surfaces the directions that carry a deadline. clawlaw.in