IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
OP (MAC) NO. 54 OF 2022
AGAINST THE JUDGMENT IN OPMV 288/2018 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL-II, PALAKKAD
PETITIONER:
BAJAJ ALLIANZ INSURANCE CO.LTD
M/S BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD, 1ST FLOOR,
MANGALAM TOWERS
OPP.TOWN BUS STAND , T.B ROAD, PALAKKAD
REPRESENTED BY ITS SENIOR LEGAL EXECUTIVE
REGIONAL OFFICE , 3RD FLOOR , COSTAL CHAMBERS
OPPOSITE MERCY ESTATE , RAVIPURAM, COCHIN, PIN - 678014
BY ADV LAL GEORGE
RESPONDENTS:
1 SUBRAMANIAN. K
AGED 63 YEARS
S/O KUNCHUVELLA , VATTEKATTUKULAMBU
THATHAMANGALAM , CHITTUR
PALAKKAD , KERALA, PIN - 678102
2 BALAKRISHNAN .J
S/O JANARDHANAN , 7/376 , MUTHUKAD
KINASSERY, PALAKKAD , PIN - 678701
3 KAJA HUSSAIN.V
S/O ABDUL VAHAB , ANAPPURAMKMADU
KINASSERY , PALAKKAD, PIN - 678701
BY ADVS.
Baby Mathew
MUHAMMED RIYAS A.T.(K/000711/2022)
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 23.06.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(MAC) NO. 54 OF 2022 2
JUDGMENT
The petitioner herein who is the 3rd respondent in OP(MV)No.288/2018 on the files of the Motor Accidents Claims Tribunal, Palakkad has preferred this OP(MAC) aggrieved by Ext.P6 and Ext.P8 orders passed by the Tribunal. As per Ext.P5 order, the application submitted by the petitioner herein to refer the claim petitioner to State Medical Board to assess his disability was dismissed. Ext.P8 is the order passed by the Tribunal rejecting the application of the petitioner to summon the Doctors of the Medical Board and to produce calculation sheet along with the records pertaining to disability of the claim petitioner. This Court by order dated 30.05.2022 had stayed further proceedings in OP(MV)No.288/2018 on the files of the Motor Accidents Claims Tribunal.
2. Heard the learned counsel for the petitioner OP(MAC) NO. 54 OF 2022 3 and the learned counsel for the respondents.
3. The accident is of the year 2017. According to the learned counsel for the petitioner/insurer without a calculation statement Ext.C1 medical certificate produced before the Tribunal cannot be relied upon since that does not reflect the actual disability of the claimant. The Tribunal found that it is not necessary either to examine the Doctors to assess the disability or to call for the calculation statement accompanying the medical certificate and rejected the petition. Going through the impugned orders, I find that the finding of the Tribunal in Ext.P6 cannot be found fault with. However, in view of the apprehension expressed by the insurer, it will be open to the petitioner/insurer to make necessary application before the Tribunal to examine one of the Doctors of the Medical Board who issued Ext.C1 certificate. Such an OP(MAC) NO. 54 OF 2022 4 application shall be made within a period of two weeks from the date of receipt of a copy of this judgment. The Tribunal shall consider such application expeditiously and pass appropriate orders thereon.
The Original Petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN JUDGE AJ OP(MAC) NO. 54 OF 2022 5 APPENDIX OF OP (MAC) 54/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CLAIM PETITION O.P (M.V) NO 288/2018 ON THE FILE OF MACT PALAKKAD Exhibit P2 TRUE COPY OF THE WOUND CERTIFICATE DATED 5.8.2017 ISSUED CRIMINAL CERTIFICATE Exhibit P3 TRUE COPY OF THE DISCHARGE CARD Exhibit P4 RELEVANT PORTION OF MEDICAL CERTIFICATE ISSUED BY SPECIAL MEDICAL BOARD Exhibit P5 AFFIDAVIT Exhibit P5 A PETITION TO REFER THE PETITIONER(CLAIMANT) TO THE STATE MEDICAL BOARD TO ACCESS THE DISABILITY Exhibit P6 ORDER OF IA 3524/21 IN OPMV 288/2018 DATED 27/1/2022 Exhibit P7 AFFIDAVIT IN IA 767/22 IN OPMV 288/2018 Exhibit P7 A PETITION IA 767/22 IN OPMV 288/2018 Exhibit P8 ORDER IN IA 767/22 IN OPMV 288/2018