IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 18844 of 2009(A) ------------------------------------------ OPMV.320/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... PETITIONER : --------------------- PRAJITH.N.M., S/O.PRABHAKARAN, AGED 25 YEARS, PULPARAMBIL HOUSE, MANNAMTHALA THAZHAM, NELLIKODE P.O., KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS: ----------------------------- 1. ABDUL KHADER, S/O.MOIDEEN, A.K, SARAS P.P.PUNNOL, THALASSERY. 2. KUNHABDULLA, S/O.KUNHUMUHAMMED, NELLIYOTTI-POYIL HOUSE, P.O.,MUYIPOTH, KOZHIKODE DISTRICT. 3. THE NATIONAL INSURANCE COMPANY LTD, NOOR COMPLEX, 2ND FLOOR, NEAR ARAYIDATHUPALAM, MAVOOR POST, KOZHIKODE. ADV. SMT.SARAH SALVY FOR R3 SRI.P.P.JACOB FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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