Vignesh vs The Branch Manager
2021 Latest Caselaw 6754 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                      OP (MAC).No.93 OF 2020

 AGAINST THE ORDER IN I.A. NO.6398/2020 IN O.P.(M.V.) NO.345/2014
    OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL , MAVELIKKARA


PETITIONER/PETITIONERS :

             VIGNESH,
             AGED 25 YEARS,
             S/O JAYACHANDRAN BHATTATHIRI,
             CHITHRATHOOR MADATHIL HOUSE,
             MUTHUVAZHI MURI,
             PANDANADU VILLAGE, ALAPPUZHA DISTRICT-690504.

             BY ADV. SMT.RESMY M.S

RESPONDENT/3RD RESPONDENT :

             THE BRANCH MANAGER,
             NATIONAL INSURANCE CO.LTD,
             BETHEL BUILDING,
             1ST FLOOR, DOOR NO.XXI/352/20 AND 21,
             RING ROAD, ABAN JUNCTION, PATHANAMTHITTA-689345.

             BY ADV. SRI.LAL GEORGE, STANDING COUNSEL

     THIS OP (MAC) HAVING BEEN FINALLY HEARD ON 25.02.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (MAC).No.93 OF 2020              2



                               JUDGMENT

The petitioner is the claimant in OP(MV) No.345 of 2014 on the file

of the Motor Accidents Claims Tribunal, Mavelikkara. It is the case of the

petitioner herein that he sustained very serious injuries in a road traffic

accident, which took place on 01.01.2012. He suffered head injury,

Multiple Rib Fracture, Right Lung Contusion with Haemopheumothorax,

Bifrontal Subdural Effusion, Hypoxic Encephalopathy and Left Hemiparesis.

2. In 2016, while the claim petition was pending consideration,

the petitioner is stated to have filed an application to get himself examined

by a Medical Board attached to the Medical College Hospital, Alappuzha to

assess his disability. The application was allowed and a letter was issued

by the Tribunal to constitute a medical board to examine the petitioner.

However, due to some mistake, the petitioner's father was summoned to

the hospital to undergo the medical examination. Later, based on the

application filed by the petitioner, another letter was issued by the

Tribunal. However, in the said letter, the name of the petitioner was

incorrectly stated. He states that the application was dismissed for default

and the same was restored. He then filed Exhibit P6 application for getting

himself examined by a medical board. The said application was dismissed

by Exhibit-P7 order. Being aggrieved the petitioner is before this Court.

3. I have heard Sri.Resmy M.S., the learned counsel appearing

for the petitioner and Sri.Lal George, the learned Standing Counsel

appearing for the respondent.

4. I have considered the submissions advanced. I find that the

Tribunal has dismissed the application solely on the ground that the

application for medical examination by the board was filed at a belated

stage, when the case was posted for evidence. The delay cannot solely be

attributed to the petitioner. His attempt to secure a disability certificate

was foiled on two occasions earlier due to mistakes which cannot be

attributed to him. I find considerable merit in the submission of the

learned counsel that the disability certificate from the Medical Board would

enable the petitioner herein to obtain just compensation. In that view of

the matter, Exhibit-P7 will stand set aside. The Tribunal is directed to

reconsider Ext.P6 application and forward a request to the Superintendent,

Medical College hospital, Alappuzha to constitute a Medical Board to

examine the petitioner and issue a disability certificate.

This original petition is allowed.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE DSV

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE CLAIM PETITION FILED BY THE PETITIONER BEFORE THE ADDL. MACT, MAVELIKARA IN OP (MV) NO.345/2014.

EXHIBIT P2 A TRUE COPY OF THE ACCIDENT REGISTER CUM WOUND CERTIFICATE DATED 01/02/2012 ISSUED TO THE PETITIONER FROM THE PUSHPAGIRI MEDICAL COLLEGE HOSPITAL THIRUVALLA.

EXHIBIT P3 A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED TO THE PETITIONER FROM THE INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, ERNAKULAM.

EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 5/7/2018 ISSUED FROM THE MACT MAVELIKARA TO THE SUPERINTENDENT, MCH ALAPPUZHA.

EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 12.12.2018 ISSUED FROM THE MACT MAVELIKARA TO THE SUPERINTENDENT, MCH ALAPPUZHA.

EXHIBIT P6 A TRUE COPY OF THE I A NO.6398/2020 IN OP (MV) NO.345/2014 OF THE ADDL. MACT, MAVELIKARA.

EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 12.11.2020 IN IA NO.6398/2020 IN OP(MV) NO.6398/2014 OF THE ADDL. MACT, MAVELIKKARA.

RESPONDENT'S/S EXHIBITS : NIL

/TRUE COPY/

P.A. TO JUDGE