In this Original Petition before the Motor Accident Claims Tribunal, the Kerala High Court declined to modify an order for compensation release. The court directed the petitioner to file a fresh application in the tribunal for further treatment funds if needed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
THURSDAY, THE 16TH DAY OF AUGUST 2012/25TH SRAVANA 1934
OP (MACT).No. 2678 of 2012 (O) -----------------------------OPMV.448/2008 of MACT VADAKARA
PETITIONER:
------------T.M.REJINAS,, AGED 28 YEARS THEYYATHADIMAI HOUSE, P.O.ADUKKATH NARUTHEKA AMSOM ADUKKATH DESOM, VADAKARA TALUK KOZHIKODE DISTRICT BY ADVS.SRI.K.RAKESH ROSHAN SMT.THUSHARA.V
RESPONDENTS:
-------------THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, P.B.NO.8 JYOTHI SUPER BAZAAR, THADUPUZHA - 685 584. IDUKKI DISTRICT
BY ADV SHRI.GEORGE CHERIAN THIRUVALLA
THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 16-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT-P1 - TRUE COPY OF THE PETITION ALONG WITH AFFIDAVIT IN I.A.NO.1218 OF 2012 IN OP(MV) NO.448/2008. EXHIBIT-P2 - TRUE COPY OF THE ORDER DATED 10-5-2012 IN I.A. NO.1218/20121 IN OP(MV) NO.448/2008.
EXHIBIT-P3 - TRUE COPY OF THE LETTER DATED 27-6-2012 FROM MOULANA HOSPITAL.
RESPONDENTS' EXHIBITS NIL
JJ /TRUE COPY/
P.S.TO JUDGE
K. SURENDRA MOHAN, J.
O.P(MAC) NO: 2678 OF 2012
Dated this the 16th August, 2012.
JUDGMENT
The petitioner is a 28 year old youth who had suffered serious injuries in a motor accident when he was just 23 years old. Consequently, he has now been reduced to a paraplegic. He has been undergoing treatment ever since the date of the accident. As evident from Ext.P3, the Neurosurgeon has recommended that he should undergo further specialised treatment. According to the petitioner, he needs substantial sums of money for continuing his treatment.
10,55,000/- (Rupees ten lakhs fifty five thousand only) as compensation. An additional amount of 20,000/- (Rupees twenty thousand only) has been awarded to him for future treatment also. However, only an amount of `2,50,000/- (Rupees two lakhs fifty thousand only) was released to him initially. Placing reliance on Ext.P3 certificate issued by the Neurosurgeon, the counsel for the petitioner submits that further substantial amounts are required forOP(MAC)2678/2012 2
continuing his treatment. Though the petitioner had filed I.A.1218/2012 before the Motor Accident Claims Tribunal, Vadakara only a further amount of `2,00,000/- has been ordered to be released to him. The petitioner has therefore filed this Original Petition seeking modification of the said order of the Motor Accidents Claims Tribunal so as to get sufficient amounts released for his treatment.
OP(MAC)2678/2012
3
to the petitioner, I do not find any grounds to interfere with the same.
Sd/K. SURENDRA MOHAN Judge
jj /True copy/
P.S.to Judge
OP(MAC)2678/2012 4
T.M.Rejinass
The Oriental Insurance Company Ltd.
K. Surendra Mohan
As recorded by the court registry
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