IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1344 of 2005()
1. V.V.SAJITH ALIAS SANIL,
... Petitioner
Vs
1. K.B.BADARUDIN, S/O.BEERAN,
... Respondent
2. A.K.RAVEENDRAN, S/O.RAMAN,
3. THE MANAGER, UNITED INDIA INSURANCE,
For Petitioner :SRI.V.BINOY RAM
For Respondent :SRI.C.V.BIMAL ROY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/07/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1344 OF 2005
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Dated this the 15th day of July, 2008
JUDGMENT
This appeal is preferred against the award passed by the Motor
Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1019/98. The claimant
sustained injuries in a road accident and the Tribunal has awarded him a
compensation of Rs.11,795/-.
2. Learned counsel for the appellant very strongly contends
before me that the Tribunal has grossly erred in rejecting the disability
certificate in spite of examining the Doctor. I feel the main point noted by
the Doctor is facial disfigurement, incoherent talk and diminished memory.
These matters can be found out by directing the Medical Board to examine
him to find out the truthfulness of it.
Therefore, the award under challenge is set aside and the matter
is remitted back to the Tribunal for fresh consideration. The appellant is
directed to file an application to send him before the Medical Board. On
such an application, the Tribunal shall refer him to a Medical Board to be
constituted by the Superintendent of the Medical College, Thrissur, which
must specifically include a Neurophysician or a Neurosurgeon. On receipt
of the certificate and after hearing all concerned, the Tribunal shall
consider the matter afresh and pass an appropriate award.
Parties are directed to appear before the Tribunal on 26.8.08.
M.N.KRISHNAN, JUDGE
vps