IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MACA.No. 775 of 2008(B) -------------------------------- OPMV.1976/2000 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP(MV) : --------------------------------------------------- RAMAR PANDY, S/O. LATE VERISAMI PANDI, AGED 53 YEARS, H.NO.P/36-A, KAILATHANKADAVU COLONY PUTHIYARA P.O., KOZHIKODE, NOW RESIDING AT MADATHU PATTI, ACHEN PATTI P.O., CHANGARAM KOVIL TALUK, THIRUNELLI DISTRICT, TAMILNADU. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN THE OP(MV) : ----------------------------------------------------------- 1. AHAMMED SUDHEER, S/O. MAMU, ARAKKAL VILLA, PARAMBIL PEEDIKA P.O., MALAPPURAM. 2. MUJEEB RAHIMAN, S/O.LATE MUHAMMEDKUTTY, AREEKKOTTU HOUSE,CHATHRATHODI,PARAMBIL PEEDIKA P.O MALAPPURAM. 3. THE UNITED INDIA INSURANCE CO. LTD., SAIKA BUILDING, THAZHEPALAM, TIRUR. ADV. SRI.K.SANDESH RAJA - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 775 OF 2008 --------------------------------- Dated this the 29th day of October, 2008 JUDGMENT This appeal is preferred against the award of the Prl. Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.1976/2000. The claimant sustained injuries in a road accident including fracture of both bones of the right leg. It is seen that he was referred to the Medical Board but the reply was received from the Surgeon of the Medical College, Kozhikode to the effect that the petitioner did not appear before the Medical Board in spite of issuance of notice. An application is filed before this Court for the very same reference. It is stated in the application that his non appearance was on account of his absence in the place and it was not with any deliberate intention. I feel, if really there is a permanent disability it is a matter that to be considered and therefore I am inclined to give an opportunity to the claimant to appear before the Medical Board. In the result, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to direct M.A.C.A.No. 775 OF 2008 -2- the Superintendent of Calicut Medical College Hospital once again to constitute a Medical Board to assess the disability of the claimant and give a notice to the claimant to appear. If the claimant again comes default to appear on that date, no further chance need be granted to him and if a Certificate from the Medical Board is obtained the matter would be disposed of after permitting both parties to adduce evidence and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 15.12.2008. M.N. KRISHNAN, JUDGE vkm