Disposed

Harikrishnan v. Suhara

Kerala HC18 Jul 2016OP (MAC)/70/2016

Case brief

AI extract

What is this about?

In this original petition under the Motor Accidents Claims Tribunal, the court directed the Superintendent of Medical College Hospital to constitute a Medical Board and examine the petitioner within four weeks to complete the examination process.

What did the court decide?

Direction to petitioner to present before Medical Superintendent on 05.08.2016; Medical Board to be constituted and examine petitioner within four weeks.

Harikrishnan Vs Suhara — Motor Accident Claims | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 18TH DAY OF JULY 2016/27TH ASHADHA, 1938

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OP (MAC).No. 70 of 2016 (O)

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OP(MV) 1635/2015 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE

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PETITIONER(S):

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HARIKRISHNAN,

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AGED 42 YEARS, S/O. VENUGOPALAN NAMBIAR, 603, VRINDAVAN HOUSE, ERAVATTOOR AMSOM, KIZHINHANNIAM DESOM, HIGH SCHOOL ROAD, PERAMBRA ROAD, KOYILANDY TALUK, KOZHIKODE.

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BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM

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RESPONDENT(S):

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1. SUHARA, AGE NOT KNOWN, W/O. SALEEM, CHERUVATH PARAMBATH HOUSE, KANAVU, VILLIAPALLI, VADAKARA, KOZHIKODE-673 542, (RC OWNER OF KL 18 M 3003 MARUTHI CAR).

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2. MUHAMMED, S/O. MOIDU, KARAPPARAR HOUSE, KUTTIADI P.O.-673 508, VADAKARA (DRIVER OF KL 18 M 3003 MARUTHI CAR).

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3. M/S. HDFC ERGO GENERAL INSURANCE COMPANY, POLICY ISSUING OFFICE, CHAIRSMAC GROUND FLOOR, 6/845, YMCA ROAD, KOZHIKODE-673 001, (INSURER OF KL 18M 3003 MARUTHI CAR), POLICY NO. 2311200960312200000), VALID FROM 07-01-2015 TO 06-01-2016.

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R3 BY ADV. SRI.K.B.RAMANAND

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 18-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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OP (MAC).No. 70 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 COPY OF THE O.P.(MV) NO. 1635/2015 FILED BY THE PETITIONER BEFORE THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE.

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P2 TRUE COPY OF THE I.A.NO. 768/2016 OF IN OP(MV)NO. 1635/2015 BEFORE THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE.

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P3 TRUE PHOTO SHOWING THE BULGING IN THE STOMACH PORTION OF THE PETITIONER WHEREIN URGENT SURGERY IS REQUIRED.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

SHAJI P. CHALY, J

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O.P.(MAC)NO.70 OF 2016

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Dated this the 18^th day of July, 2016

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J U D G M E N T

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Petitioner is a claimant in OP(MV)No.1635/2015

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on the files of the Motor Accidents Claims Tribunal, Kozhikode. The respondents are the respondents in the said claim petition. This original petition is filed by the petitioner seeking direction to the Motor Accidents Claims Tribunal, Kozhikode to issue necessary direction to the Medical Board of the Medical College Hospital, Kozhikode to constitute the Medical Board within a time frame and examine the petitioner in accordance with the directions issued by the Tribunal and for other related reliefs. According to the petitioner, petitioner has suffered serious injuries consequent to the road accident, which took place on 15.07.2015. In spite of the direction issued by the Tribunal the Medical Board is not constituted. It is in

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O.P.(MAC)NO.70 OF 2016 2

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this background this original petition is filed by the petitioner seeking the reliefs.

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Even though, the petitioner has not produced the order of the Tribunal directing the Medical Board to examine the petitioner, it is submitted that the order was passed was sent to the Medical Board on 29.03.2016, directing the petitioner to appear on 20.04.2016. The contention put forth by the petitioner is that, even though, petitioner presented himself in the Medical College Hospital, Kozhikode, the Medical Board refused to examine him.

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Heard learned counsel for the petitioner, learned Government Pleader and learned standing counsel appearing for the third respondent and perused the pleadings and documents on record. The Government Pleader was directed to take instructions with respect to the frequency of the constitution of the Medical Board. Accordingly it is informed that the board is constituted once in a month. Since it is submitted that already there is an order passed by the Tribunal directing the Medical

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O.P.(MAC)NO.70 OF 2016 3

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Board to examine the petitioner, I think it is only appropriate that, a time limit can be fixed to comply with the order passed by the Tribunal to examine the petitioner.

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Therefore, there will be a direction to the petitioner to be present before the Superintendent of the Medical College Hospital, Kozhikode on 05.08.2016 and produce a certified copy of this judgment. The Superintendent of Medical College Hospital shall thus constitute a Medical Board and inform the petitioner, the date on which he has to present himself for examination. At any rate, the whole process shall be completed within four weeks from the date of receipt of a copy of this judgment.

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Original petition is disposed of accordingly.

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sd/-

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SHAJI P. CHALY, JUDGE

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R.AV

Harikrishnan v. Suhara

Case brief

What is this about?

What did the court decide?

Harikrishnan v. Suhara

Case brief

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What did the court decide?

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