United India Insurance Company vs George M.K
2024 Latest Caselaw 30913 Ker

Kerala High Court

United India Insurance Company vs George M.K on 23 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

                                                2024:KER:79095
            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR. JUSTICE D. K. SINGH

  WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA,

                                    1946

                     OP (MAC) NO. 88 OF 2024

     AGAINST       THE     ORDER/JUDGMENT     DATED      25.06.2024    IN

I.A.No.9 OF 2024 IN OPMV NO.264 OF 2020 OF MOTOR ACCIDENT

CLAIMS TRIBUNAL ,ERNAKULAM

PETITIONER:

            UNITED INDIA INSURANCE COMPANY,
            T.P CELL, VETTUKATTIL BUILDING, M.G ROAD
            ERNAKULAM, REPRESENTED BY DEPUTY
            MANAGER ,REGIONAL OFFICE, SARANYA
            BUILDING,HOSPITAL ROAD,ERNAKULAM, PIN - 682011


            BY ADVS.
            K.SHERIN MOHAN
            AGINOV MATHAPPAN




RESPONDENT:

            GEORGE M.K,
            S/O KURIAK,AGED 69 YEARS, MULLANKUZHI (H),EAST
            MORAKKALA,KARA VAYALARPADY, KUMARAPURAM
            P.O,ERNAKULAM DISTRICT, PIN - 683565



     THIS     OP   (MAC)    HAVING     COME   UP   FOR    ADMISSION   ON
23.10.2024,    THE   COURT     ON    THE   SAME    DAY   DELIVERED    THE
FOLLOWING:
 O.P.(MAC).No.88 of 2024


                                                        2024:KER:79095
                                     2
                            JUDGMENT

(Dated this the 23rd day of October, 2024)

The present OP(MAC) has been filed under Article 227

of the Constitution of India, impugning the order dated

25.06.2024 passed by the Motor Accidents Claim Tribunal,

Ernakulam, in I.A.No.09/2024 in OP(MV).No.264/2020. The

petitioner has filed the aforesaid application before the Tribunal

for a direction to the Superintendent of State Medical Board,

Medical College, Thiruvananthapuram, to examine the claimant

and issue a disability certificate indicating the degree and extent

of disability as a whole. The Tribunal has rejected the said

application on the ground that whether the disability is whole

body or not, for the said purpose it is not at all necessary to

send the injured for a further evaluation. The petitioner can

during the evidence stage, very well call for the doctors and

elicit answers to the above questions.

I find the view taken by the tribunal is completely

justified and therefore, this Court finds no ground to entertain

this OP(MAC) and is hereby dismissed.

Sd/-

D. K. SINGH JUDGE

Mms

2024:KER:79095

APPENDIX OF OP (MAC) 88/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SPECIAL MEDICAL BOARD CERTIFICATE DATED 21.07.2023

EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED AGAINST MEDICAL BOARD REPORT DATED 06.05.2024

EXHIBIT P3 TRUE COPY OF IA NO.09/2024 IN OPMV NO.264/2020 DATED 06.05.2024

EXHIBIT P4 TRUE COPY OF THE ORDER IN IA NO.09/2024 IN OPMV 264/2020 DATED 25.06.2024