The High Court at Ernakulam set aside the award of the Motor Accident Claims Tribunal, Vadakara, for failing to provide a Neurosurgeon on the Medical Board. The matter was remanded for fresh assessment of disability and compensation for permanent disability and future treatment.
Case remanded to the Tribunal for fresh consideration of disability and compensation.
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 T.R.RAVI
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
MACA NO. 239 OF 2012
AGAINST THE AWARD IN OP(MV) 144/2008 DATED 14.10.2010 OF MOTOR ACCIDENT CLAIMS TRIBUNAL VADAKARA, KOZHIKODE
APPELLANT/PETITIONER:
ABDULLA S/O.AMMED, AGED 32 YEARS, KIDAVINTE PARAMBATH HOUSE, P.O.KARANDODU, (VIA) KUTTIADI, KOZHIKODE DISTRICT, KERALA. BY ADV SRI.ZUBAIR PULIKKOOL
RESPONDENTS/RESPONDENTS:
1 SHARAFUDHEEN T.K., S/O.AMMED MUSLIAR, AGE NOT KNOWN, THAZHE KANNOTHU HOUSE, P.O.PULIYAVU, PARAKADAVU, KOZHIKODE DISTRICT, KERALA, PIN-673001. (R.C. OWNER OF MOTOR CYCLE BEARING NO.KL-18/A-1420). 2 AZEEZ S/O.AMMED MUSLIAR AGED 31 YEARS, KANHIPURAYIL THAMASIKKUM, NADUKKANDIYIL HOUSE, P.O.ADUKKATH, KOZHIKODE DISTRICT, KERALA, PIN-673001. (DRIVER OF MOTOR CYCLE BEARING NO.KL-18/A-1420). 3 NATIONAL INSURANCE COMPANY LIMITED BRANCH OFFICE, KEY'S SHOPPING COMPLEX, NARANGAPURAM, THALASSERY, KANNUR DISTRICT, KERALA, PIN-670001, (INSURER KL-18/A 1420), POLICY NO.571102/31/06/6700015159 VALID FROM 31/12/2006 TO 29/12/2007. BY ADV.SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2021, THE COURT ON 08.09.2021 DELIVERED THE FOLLOWING:
T.R.RAVI, J.
M.A.C.A.No.239 of 2012
Dated this the 8th day of September, 2021
J U D G M E N T
The appellant met with an accident on 05.08.2007 and sustained
serious injuries, convulsion disorder and amnesia. He claimed a compensation of Rs.6 lakhs, but the Tribunal granted only Rs.1,43,720/-. The Medical Board has assessed disability of 40%, but the Tribunal granted disability only of 20%. It was in these circumstances that the appellant has filed this appeal.
a Neurosurgeon is required for a proper constitution of the Board.
the Tribunal for fresh consideration regarding the question relating to the disability of the appellant and the compensation payable under the head “permanent disability” and regarding the compensation payable for future treatment. The appellant and the respondents will be entitled to adduce additional evidence for the above purpose. The parties shall appear before the Tribunal on 11.10.2021 . The Tribunal shall endeavour to pass fresh orders in terms of this remand within a further period of six months from the date of appearance.
Sd/- /-
T.R.RAVI JUDGE
dsn
3 issues framed by the court
Whether the Medical Board was properly constituted given the absence of a Neurosurgeon.
Whether the appeal must be remanded for fresh assessment of disability and compensation.
Whether the claim for future treatment requires fresh consideration by the Tribunal.
ABDULLA S/O.AMMED
SHARAFUDHEEN T.K.
AZEEZ S/O.AMMED MUSLIAR
NATIONAL INSURANCE COMPANY LIMITED
T.R. RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
