A motor accident claimant challenged the Tribunal's order directing fresh disability assessment by the State Medical Board, since his 71% disability certificate did not specify whole-body disability. The High Court found no illegality in the order, holding better medical evidence would result, and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 13TH DAY OF JUNE 2024 / 23RD JYAISHTA, 1946
OP (MAC) NO. 30 OF 2022
AGAINST OP(MV) NO.1496 OF 2017 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PATHANAMTHITTA
PETITIONER:
SHAJI, AGED 31 YEARS S/O.DAMODARAN, THUNDIVILA MELETIL, OTTUPARA ARUVAPUZIAM, P.O.KONNI, PATHANAMTHITTA - 689 691
BY ADV DIVYA B.NAIR
RESPONDENTS:
*** 2 SAMUEL M.P., MELEPUTHEN PARAMBIL, VAKAYAR P.O., KONNI, PATHANAMTHITTA, PIN - 689 698 (OWNER) VEHICLE NO.KL 03 M 8514 AUTORICKSHAW.**
(RESPONDNETS 1 AND 2 ARE DELETED FROM THE PARTY ARRAY VIDE ORDER DATED 8.3.2023 IN I.A.NO.1/2022). 3 THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, NELSON COMPLEX PUTHIYIDAM, P.B.NO.60 KAYAMKULAM - 690 502, ALAPPUZHA (INSURER) POLICY NO.5702043105630001633 VALID FROM 14/12/2006 TO 13/12/2007
BY ADV SEBASTIAN VARGHESE(K/141/2000)
THIS OP (MAC) HAVING BEEN FINALLY HEARD ON 13.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(MAC) No.30/2022
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N. NAGARESH, J.
O.P.(MAC) No.30 of 2022
Dated this the 13th day of June, 2024
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner, who is the claimant in OP(MV)
No.1496/2017 on the files of the Motor Accidents Claims Tribunal, Pathanamthitta, has filed this OP(MAC) invoking Article 227 of the Constitution of India seeking to quash Ext.P8 and to direct the respondent to accept Ext.P2 Disability Certificate.
the petitioner from continuing with his avocation. The
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petitioner therefore filed Ext.P1 OP(MV) claiming ₹20 lakhs as compensation.
O.P.(MAC) No.30/2022
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Disability Certificate has been issued based on the Central Gazette Notification dated 13.06.2001. From Ext.P2, it is not clear whether the 71% disability assessed was whole body disability or not. Therefore, it is only in the interest of justice that the petitioner is subjected to medical examination by the State Medical Board.
and the learned Standing Counsel representing the 3rd respondent.
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by the State Medical Board.
The OP(MAC) is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/25.07.2024
O.P.(MAC) No.30/2022
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APPENDIX OF OP (MAC) 30/2022
PETITIONER'S EXHIBITS
| Exhibit P1 | TRUE COPY OF THE OP(MV) 1496/2017 |
CLAIM PETITION IN DATED 29/11/2017 |
|---|---|---|
| BEFORE THE MOTOR | ACCIDENT CLAIMS | |
| TRIBUNAL, PATHANAMT | HITTA. | |
| Exhibit P2 | TRUE COPY OF CERTIFICATE ISSUED BOARD DATED 9/1/201 |
THE DISABILITY BY THE MEDICAL 8. |
| Exhibit P3 | TRUE COPY OF IA 4/2 IN OP(MV) 1496/201 PATHANAMTHITTA. |
021 DATED 5/10/2021 7 BEFORE THE MACT |
| Exhibit P4 | TRUE COPY OF IA 3/2 IN OP(MV) 1496/201 PATHANAMTHITTA. |
021 DATED 5/10/2021 7 BEFORE THE MACT, |
| Exhibit P5 | TRUE COPY OF THE FILED IN IA 3/2021 OP(MV) 1496/2017 PATHANAMTHITTA. |
DETAILED OBJECTION DATED 27/10/2021 IN BEFORE THE MACT, |
| Exhibit P6 | TRUE COPY OF THE FILED IN IA 4/2021 OP(MV) 1496/2017 PATHANAMTHITTA. |
DETAILED OBJECTION DATED 27/10/2021 IN BEFORE THE MACT, |
| Exhibit P7 | TRUE COPY OF THE DATED 22/09/2021. |
DEPOSITION OF RW1 |
| Exhibit P8 | TRUE COPY OF 29/01/2022 IN IA 3 |
THE ORDER DATED /2021 AND 4/2021 IN |
| OP(MV) 1496/201 PATHANAMTHITTA. |
7 OF MACT, |
1 issue framed by the court
Whether the Tribunal rightly allowed the insurer's application for assessment of the claimant's disability by the State Medical Board despite the existing 71% disability certificate.
1 provisions across 1 enactments
SHAJI
BAIJU
SAMUEL M.P.
THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD.
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
