Bajaj Allianz Insurance Co.Ltd vs Subramanian. K
2022 Latest Caselaw 7181 Ker

               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

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

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

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