Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE25H DAY OF MARCH20144TH CHAITHRA, 1936 O.P.(MAC).No.20 of 2014 (O) --------------------------------------------- [AGAINST THE ORDER
DATED1301.2014 IN I.A.NO.906 OF2013& ORDER
DATED2203.2013 IN I.A.NO.2613 OF2012IN O.P.(MV).NO.505 OF2009OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, VATAKARA]. ------------------ PETITIONER(S):- -------------------------- SHAFEEQUE, S/O ALI, MADATHIL HOUSE, KARAYAD AMSOM, THIRUVANGAYOOR DESOM, KARAYADP.O., ARIKKULAM, KOZHIKODE. BY ADV. SRI.A.V.M.SALAHUDEEN. RESPONDENT(S):- ---------------------------- 1. ABOOBACKER, S/O ALI, PACHILERI HOUSE, NOCHAD P.O., NADUVANNUR, KOZHIKODE-673 614.
2. HARIS, S/O AMMED, KUNIYIL HOUSE, KAVIL P.O., NADUVANUR, KOZHIKODE-673 614.
3. BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD., TECHNICAL MANAGER, 3RD FLOOR, FINANCE TOWERS, KALOOR, ERNAKULAM-682 017.
4. THE SUPERINTENDENT, DISTRICT HOSPITAL, VATAKARA-673 101. O.P.(MAC).NO.20 OF20140 - 2 - * ADDITIONAL5H RESPONDENT IMPLEADED: ------------------------------------------------------------------- ADDL.R5. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, KOZHIKODE. * (ADDITIONAL5H RESPONDENT IS IMPLEADED SUO MOTU, AS PER JUDGMENT
IN O.P.(MAC).NO.20 OF2014DATED2503.2014). R3 BY ADVS. SRI.THOMAS M.JACOB SRI.AKHIL K.MADHAV SRI.T.R.JERRY SEBASTIAN R4 & ADDL.R5 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE. THIS ORIGINAL PETITION (MAC) HAVING BEEN FINALLY HEARD ON2503-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- OP (MAC).No.20 of 2014 (O) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXHIBIT P1: THE TRUE COPY OF O.P.(MV)NO.505/2009 FILED BEFORE THE MACT, VATAKARA. EXHIBIT P2: THE TRUE COPY OF I.A.NO.2613/2012 FOR REFERING THE PETITIONER TO MEDICAL BOARD. EXHIBIT P3: THE TRUE COPY OF THE ORDER
DATED223.2013 IN IA26132012 IN OP(MV)505/2009. EXHIBIT P4: THE TRUE COPY OF THE REVIEW PETITION NO. I.A.NO.906/2013 IN OP(MV)NO.505/2009. EXHIBIT P5: TRUE COPY OF THE ORDER
DATED131.2014 IN I.A.906/2013 IN OP(MV)NO.505/2009. RESPONDENT(S)' EXHIBITS:- ----------------------------------------- NIL vku/- ( true copy ) K. Vinod Chandran, J ------------------------------------- O.P.(MAC).No.20 of 2014-O ------------------------------------- Dated this the 25th day of March, 2014 JUDGMENT
The petitioner is aggrieved by the dismissal of his application before the Motor Accidents Claims Tribunal (for brevity "the Tribunal"), Vatakara to review the order by which his earlier application for reference to the Medical Board was closed.
2. The brief facts are that the petitioner suffered grievous injuries in an accident and claiming compensation, he was before the Tribunal with O.P.(M.V.).No.505 of 2009. The petitioner had also filed an application for examination, by a Medical Board, to ascertain the disability of the petitioner, being I.A.No.2613 of 2012. The same was allowed on 07.09.2012 and despite the Tribunal having waited for considerable time, no report of the Medical Board was forthcoming. Subsequently, a communication was received by the Medical Board, stating that though the petitioner was called for examination on 29.01.2013, the petitioner had not appeared on that date. In such circumstance, Exhibit P3 order was passed by the OP(MAC).No.20 of 2014 - 2 - Tribunal closing the I.A. The review filed subsequently, as Exhibit P4, was also rejected by Exhibit P5 order.
3. I have heard the learned counsel for the petitioner, learned counsel for the Insurance Company as also the learned Government Pleader.
4. The learned Government Pleader submits that on 29.01.2013, thirty-two cases were posted and notices were issued to the injured for appearance before the Medical Board. The petitioner was one amongst them and he did not appear for examination on the specified date. The petitioner, however, would contend that the petitioner had been under continuous treatment for the disability suffered by him and he has difficulty in moving around also. It was in such circumstance that the petitioner could not appear before the Medical Board on the date specified.
5. Subsequently, since I.A for referring the petitioner to Medical Board was closed, the petitioner filed a review application and the affidavit, supporting the said application, listed out the difficulties faced by the petitioner. It cannot be said that the Tribunal was wholly unjustified in rejecting the prayer of the petitioner. OP(MAC).No.20 of 2014 - 3 - However, it is to be notied that the reason stated for dismissing the application for review is that, the intention of the petitioner was merely to prolong the matter. This Court is of the opinion that such an intention cannot be inferred, especially since the petitioner is the claimant and he claims damages for the injuries caused to him in an accident. Appearance before the Medical Board and proof of disability would also further his cause. In any case, on equitable consideration it is deemed fit that the petitioner be given one more opportunity to appear before the Medical Board.
6. The learned Government Pleader submits that the Medical Board is constituted at the Medical College Hospital, Kozhikode. In the facts and circumstances of this case, "The Superintendent, Medical College Hospital, Kozhikode" is impleaded as additional 5th respondent, suo motu, in this Original Petition. The petitioner or his representative shall appear before the Superintendent, Medical College Hospital on or before 22.04.2014 and produce the certified copy of this judgment. The Superintendent of Medical College Hospital shall constitute a Medical Board at least within two months therefrom and issue notice to the petitioner OP(MAC).No.20 of 2014 - 4 - regarding the date of examination and conduct the examination of the petitioner and expeditiously forward the report to the Tribunal. The Tribunal is also directed to keep in abeyance the proceedings in the claim petition till a Medical Report is received. Original Petition is allowed as above. The parties shall suffer their respective costs. Sd/- K.Vinod Chandran Judge. vku/- ( true copy )