P. U. Mathai vs Anikesh.S
2022 Latest Caselaw 9881 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE AMIT RAWAL
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                       OP (MAC) NO. 90 OF 2022
   OP(MV)NO.34/2020 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM
PETITIONER/CLAIMANT:

          P.U.MATHAI
          AGED 72 YEARS, S/O UTHUPPU,
          PULITHURUTHIL HOUSE, UPSANA ROAD,
          KANNADIKKAD, MARADU VILLAGE,
          REPRESENTED BY GUARDIAN AND NEXT FRIEND SRI.RUPESH
          MATHAI, S/O.P.U.MATHAI, PULITHURUTHIL HOUSE,
          UPASANA ROAD, KANNADIKKAD, MARADU VILLAGE.

          BY ADVS.
          ANIL S.RAJ
          RADHIKA RAJASEKHARAN P.
          K.N.RAJANI
          ANILA PETER
          MUHAMMED HARIS K.K.
          SIMI S. ALI
          SNEHA S. MENON


RESPONDENTS/RESPONDENTS:

    1     ANIKESH.S.
          S/O S.A.SANAL KUMAR, NANDANAM,
          PADAMUGHAL, KAKKANAD, P.O., PIN - 682030

    2     SANAL KUMAR
          S/O.ARUMANAYAKAM, SREENAYAKAM,
          VYTTILLA P.O., KOCHI - 682019

    3     SUNITHA RAMAN
          S/O.SANAL KUMAR, NANADANAM, INDIRA JUNCTION,
          PADAMUGHAL KAKKANAD P.O, PIN - 682030

    4     NATIONAL INSURANCE COMPANY
          KAYAMKULAM, PIN - 690502


           ADV.SRI.LAL GEORGE, SC, R4

     THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 31.08.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(MAC) No.90/2022                                2




                                        JUDGMENT

Though Ext.P3 is stated to be an order, but on perusal it is a

communication sent to the Superintendent of Medical Board,

Medical College Hospital, Kottayam for examining the degree and

extent of the disability and report the percentage of whole body

disability.

2. Learned counsel for the petitioner submits that the

prayer in the application was to constitute a Medical Board and

assess the disability. The contents of the letter based upon the

order dated 16.6.2022 reads thus :

"You are hereby directed to examine the petitioner P.U.Mathai, S/o.Uthuppan, Pulithuruthil House, Upasana Road, Kannadikkadu, Maradu Village, aged 70 years, issue certificate indicating the degree and extent of disability, if any, and report the percentage whole body disability of the petitioner.

Please quote the O.P.(MV) number in the Medical Report."

The aforementioned order does not restrict the

Superintendent, Medical Board from constituting the Medical Board.

Actually it has been addressed to only Superintendent of Medical

Board. Thus, I am of the view that the apprehension of the

petitioner is far-fetched. No ground for interference is made out.

Original Petition is dismissed.

Sd/-

AMIT RAWAL JUDGE csl

APPENDIX OF OP (MAC) 90/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE AWARD IN I.A NO: 7/2022 IN O.P M.V) NO:32/2022 OF THE HON'BLE ADDL. MACT, ERNAKULAM DATED 27.4.2022

Exhibit2 TRUE COPY OF I.A NO:10/2022 IN O.P (M.V) NO:32/2022 PREFERRED BY THE PETITIONER BEFORE THE HON'BLE ADDL. MACT, ERNAKULAM DATED 4.6.2022

Exhibit P3 TRUE COPY OF THE LETTER BEARING NO: D.NO.

415/2022 ISSUED BY THE SHERISTADAR, ADDL. MACT, ERNAKULAM TO THE SUPDT. MEDICAL COLLEGE HOSPITAL, KOTTAYAM, DATED 16.6.2022

Exhibit P4 TRUE COPY OF THE OP TICKET BEARING NO: 1699 OF THE PRIMARY HEALTH CENTRE, CHAMBAKKARA, ERNAKULAM DATED 20.7.2022

EXHIBIT P4(a) ENGLISH TRANSLATION OF EXT.P4

RESPONDENTS' EXHIBITS:

NIL