IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18844 of 2009(A)
1. PRAJITH.N.M., S/O.PRABHAKARAN,
... Petitioner
Vs
1. ABDUL KHADER, S/O.MOIDEEN, A.A.K, SARAS
... Respondent
2. KUNHABDULLA, S/O.KUNHUMUHAMMED,
3. THE NATIONAL INSURANCE COMPANY LTD,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent :SMT.SARAH SALVY
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :18/09/2009
O R D E R
S. SIRI JAGAN, J
...............................................
W.P(C) No. 18844 of 2009
.................................................
Dated this the 18th day of September, 2009
J U D G M E N T
The petitioner is the claimant in O.P(M.V) No. 320/07
before the Motor Accidents Claims Tribunal, Kozhikode. He filed
the O.P. seeking compensation to the tune of Rs.2 lakhs for the
injuries sustained by him in an accident which occurred on
2.10.2006. In the course of the proceedings before the Tribunal,
the petitioner filed an application seeking to refer him for
examination by a medical board to assess the disability suffered
by him. That was rejected by the Tribunal by Ext.P5 order
holding that considering the injury the Tribunal does not find it
necessary to refer the petitioner to a medical board. The
petitioner submits that as is evident from Exts.P1, P2 and P3
medical certificates, the petitioner has suffered very serious
injuries including head injury. Therefore the question of
disability can be assessed only by a medical board for which
purpose only the petitioner has filed the application to the
Tribunal for referring the petitioner to the medical board for
W.P(C) No. 18844 of 2009 -2-
examination.
2. I have heard the counsel for the 3rd respondent also.
3. The 2nd respondent has not chosen to enter appearance.
The 1st respondent although entered appearance has not chosen
to object to the prayers in the writ petition. On going through
the medical reports produced as Exts.P1 to P3, I find that the
petitioner has suffered very serious injuries including head
injuries. Rule 387 of the Kerala Motor Vehicles Rules empowers
the tribunal to refer a petitioner in a motor accident claim for
medical examination to determine disabilities suffered by him.
4. I am satisfied that this is a very fit case where the
Tribunal ought to have referred the petitioner for medical
examination by a medical board as requested by him.
Accordingly Ext.P5 is quashed. The Tribunal is directed to refer
the petitioner for medical examination by a medical board within
two weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
rhs