IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 1941 of 2008(F) --------------------------------------- PETITIONER(S): ------------------------- SHIHAB, S/O. KUNHIMOOSA, VARIPARAMBATH HOUSE, MAYYANNUR P.O., VATAKARA. BY ADV. SRI.PULIKKOOL ABOOBACKER SMT.SUBAIR PULIKOOL SMT.SAVEENA M.V. RESPONDENT(S): ---------------------------- 1. T.SIDHIQUE, S/O. KUNHABDULLA, THATTAN VEEDU HOUSE, VAIKKALASSERI P.O., CHORODU EAST, VATAKARA. 2. V.VASU, S/O. CHOYI, ANIKEDI HOUSE, MAYYANNUR P.O., VILLIAPPALLY VIA, VATAKARA. 3. M/S. ORIENTAL INSURANCE COMPANY LTD., VATAKARA. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1941/2008 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD. 7/12/06 PASSED BY MACT, VATAKARA. EXT.P2: COPY OF THE ORDER DTD. 11/10/2007 IN I.A.NO.3742/07 PASSED BY MACT, VATAKARA. EXT.P3: COPY OF THE MEDICAL CERTIFICATE. EXT.P4: COPY OF REVIEW PETITION FILED BY THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1941 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November, 2008 JUDGMENT Petitioner, who is the claimant in OP(MV) No.709/03, filed an application for getting himself examined by a medical board. The same has been rejected by MACT, under Ext.P2 order, essentially on the ground that it was belated. 2. In my view, the Tribunal ought to have allowed the application, in circumstances where the claimant before the MACT had the onus of proving the gravity of the injuries that he sustained and it is therefore in his interests to see that the best evidence is brought on record. 3. In the result, the Writ Petition is allowed. IA No.3742/07 in OP(MV) No.709/03 shall stand allowed. The Tribunal shall pass consequential orders requiring the petitioner’s disability to be assessed by a medical board and a report submitted in that regard within such time as may be prescribed by the Tribunal. (V. GIRI, JUDGE) ttb W.P.C.No. 1941 OF 2008 -:2:-