ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
C. P. No.D-989 of 2011
|
DATE OF HEARING |
ORDER WITH SIGNATURE OF HON’BLE JUDGE |
01.12.2011.
1. For orders on office objections.
2. For Katcha Peshi.
Mr. Ghayoor Abbas Shahani, advocate for petitioner.
Mr. Abdul Hamid Bhurgri, Addl. A. G.
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Petitioner being a police employee was, on 16.2.2009, injured during the performance of his duties. The injury was classified in “C” class and the grievance of petitioner is twofold; firstly the injury be classified in “A” class instead of “C” class and secondly his medical reimbursement bill for Rs.42,828/- has not been decided.
Learned Counsel for the petitioner referred to the report of the Medical Board comprising of six doctors, which report states as under:-
“The Special Medical Board is convened on 19.08.2009, under the Chairmanship of Prof: Asadullah Mahar, Principal, Chandka Medical College, Larkana. The Special Medical Board examined ASI Bashir Ahmed S/O Din Muhammad Jhatial of Police Station Dokri, District Larkana. He appeared before the Board.
The injured ASI Bashir Ahmed S/O Din Muhammad Jhatial of Police Station Dokri, District Larkana, as a case of firearm injury both legs, Left side Tibia Fibula Partially united and Right Tibia Fibula malunited.
OPINION
The Board is of unanimous opinion that case is categorized “C” according to classification of disability.”
Learned Counsel next referred to letter dated 02.02.2010 written by Medical Superintendent, Chandka Medical College Hospital, Larkana, wherein the Medical Superintendent has stated that claim for Rs.42,828/- can only be decided with the permission of the Secretary, Health or Director General, Health. Learned Counsel submitted that his bill has not been reimbursed.
Learned Addl. A. G., as well as Mr. Ghulam Ali Samtio, learned Counsel for respondent No.1, referred to the comments filed by the Medical Superintendent, Chandka Medical College Hospital and submitted that Special Medical Board was constituted vide order dated 25.3.2010 and if the petitioner approaches the Medical Board with all his documents, his case for reimbursement of medical expenses shall be considered and decided within a period of one month.
We have considered the submissions made by the learned Counsel and have also gone through the record.
Under classification made by the Govt. of Sindh vide letter No.FD(SR–III)3/1-76, dated 18.2.1977, the following injuries are classified in “A” class :-
“CLASS “A” Rs.300,000/-
1. Loss of a hand and a foot or loss of use of two more limbs.
2. Total loss of eyesight.
3. Total loss of speech.
4. Total deafness both ears.
5. Paraplegia or hemiplegia.
6. Lunacy.
7. Very severe facial disfigurement.
8. Advanced cases of incurable diseases.
9. Wound, injuries or diseases resulting in a disability due to which a person becomes incapacitated.
10. Emasculation.
Note:-
“Wound, injuries or disease of limb resulting on damage of nerves, joints, or muscles making the whole of limb useless wound mean loss of that limb. Cases in which a partial function is retained will not be included in this class. However, if the partial retention of function does not helpt in walking in cases of leg or does not help in holding an object even with partial efficiency, it should be considered as total loss of function. Those cases will also be included in this class where the earning capacity of the civil servant has been totally impaired due to the invaliding disability.”
Thereafter, the following injuries are classified in “C” class:-
“CLASS ‘C’ Rs.50,000/-
1. Limited restriction of movement of joint due to injuries.
2. Diseases of a limb restricting performance of duties.”
A Medical Board comprising of six doctors has given an opinion that the injury suffered by the petitioner falls in “C” class. We do not think that in exercise of constitutional jurisdiction we can substitute our opinion for an opinion of qualified Medical Board. Moreover, the petitioner, who appeared in Court, does not appear to have been incapacitated. Consequently, this constitutional petition as far as claim for classification of injury from “C” to “A” class is concerned is dismissed and this constitutional petition in respect of claim for reimbursement is disposed of by directing the petitioner to approach the Medical Superintendent, who is in turn directed to constitute the Medical Board in terms of letter dated 25.3.2010 and decide claim of the petitioner regarding reimbursement of Rs.42,828/- within one month.
JUDGE
JUDGE