IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 MFA.No. 518 of 2003() --------------------- OPMV.1008/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: --------------------- RAFFI, S/O OUSEPH, PALIAKKARA HOUSE, CHRISTOPHAR NAGAR, OPP ST.RPHAEL, GIRLS HIGH SCHOOL, P.O.OLLUR, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS/RESPONDENTS: ------------------------ 1. M.GOVINDASWAMI, S/O. MARIAPPA GOUNDER PROCHETTIHALLI, BADRAHALLI P.O., INDUR VIA DHARAMAPURI DT., TAMIL NADU. 2. BEERAN, S/O. CHINNAN, SOMANAHALLI VILLAGE, DO. 3. UNITED INDIA INSURANCE CO.LTD., PPR COMPLEX, (TELEGRAPH OFFICE UPSTAIRS) NETHAJI BYE PASS ROAD, DHARMAPURI, TAMIL NADU. (RESPONDENT NOS. 4 AND 5 IN THE LOWER TRIBUNAL ARE NOT MADE PARTIES SINCE NO RELIEF IS CLAIMED AGAINST THEM IN THIS APPEAL) BY ADV. SRI.M.A.GEORGE FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2008 ALONGWITH MACA.NO.58 OF 2003, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & ANTONY DOMINIC, JJ. ============================ M.F.A. NO. 518 OF 2003 =================== DATED THIS, THE 27TH DAY OF FEBRUARY, 2007 O R D E R Raman, J. This is a case where a certificate issued by the doctor certifying the disability as 42.03% was accepted by the tribunal, which is seriously disputed by the Insurance Company in their appeal. Taking the disability at 42.03 % as certified by the doctor, the tribunal assessed the loss of earning power at 25%. In the above factual situation, it is necessary in the interest of justice that the claimant/injured be examined by a Medical Board. 2. In the circumstances, the Superintendent of Medical College Hospital, Thrissur shall constitute a Medical Board to examine the claimant Sri. Raffi, son of Ouseph, Paliakkara House, Christopher Nagar, Opp. St. Raphael Girls High School, P.O. Ollur, Thrissur. On constitution of the Medical Board, the appellant/claimant as well as the Insurance Company shall be informed after fixing the date for examination. After the M.F.A. 518/2003 :2: examination by the Medical Board, a report shall be forwarded to this court. The expenditure for the medical examination will be met by the Insurance Company. 3. The Registry shall send a copy of this order to the Superintendent, Medical College Hospital, Thrissur, for information and compliance. The examination shall be conducted and report submitted as directed above, at any rate, within a period of two months. Issue photo copy to the parties on usual terms. P.R. RAMAN, (JUDGE) ANTONY DOMINIC (JUDGE) knc/- M.F.A. 518/2003 :3: P.R. RAMAN & ANTONY DOMINIC, JJ. = = = == = = = = = = = = == M.F.A. 518/2003 = = = = = = = = = = O R D E R ---------------- 27.2.2007.