A. Alibava vs The Oriental Insurance Company

P.N. Ravindran, J.—The Petitioner is the claimant in O.P.(M.V.) No. 2220 of 2004 on the file of the Motor Accidents Claims Tribunal, Kozhikode, wherein he has claimed a sum of Rs. 2 lakhs as compensation for the injuries sustained by him in a motor accident. The Respondent herein is the insurer of the motor vehicle involved in the accident. On application filed by the Petitioner as I.A. No. 470 of 2006 (Ext.P2), the Tribunal directed his examination by a medical board. It appears, the Petitioner did not appear before the medical board and thereupon by Ext.P3 order passed on 30.10.2010, the Tribunal directed that the claim petition be tried and disposed of without the report of the medical board. Ext.P3 order is under challenge in this writ petition.

The Petitioner contends that he had shifted his residence after the claim petition was filed and had not received any intimation from the medical board to appear before the medical board and that was the reason why he did not appear before the medical board. The Petitioner further contends that he has suffered comminuted fracture of the shaft of the femur and multiple injuries allover his body, and as a result of the injuries sustained by him in the accident, he is permanently disabled from earning his livelihood.

I heard Smt. Latha Prabhakaran, the learned Counsel appearing for the Petitioner and Sri. Jacob Murickan, the learned Counsel appearing for the Respondent. I have also gone through the pleadings and the materials on record. The Respondent has not denied the statement of the Petitioner that after the claim petition was filed he had shifted his residence and did not received the intimation sent by the medical board to appear and therefore it cannot be said that he did not co-operate with the medical board. Apart from the contention of the Respondent that the Petitioner did not appear before the medical board, no material has been produced to show that the Petitioner had in fact received an intimation from the medical board to appear before the medical board for examination. It is clear from the averments that the Petitioner has shifted his residence and if any letter had been sent by the medical board, it would have been to the address given in the claim petition and not in the present address. The learned Counsel also made available to me a copy of the claim petition wherein the address of the Petitioner is given as "A. Alibava, S/o. Abdurahiman, aged 30 years, Chamundi Valappu, Payyanakkal, P.O. Kallai, Calicut." In the present writ petition, the address of the Petitioner is given as "A. Alibava, S/o. Abdurahiman, aged 31 years, Chamundi Valappu, Payyanakkal, Kallai P.O., Calicut, now residing at Edakkandiparamba, Pullnadavu, Marykunnu P.O., Calicut." In such circumstances, this Court can safely proceed on the basis that the communication sent by the medical board would not have been received by the Petitioner. I am therefore of the opinion that the Petitioner should be afforded an opportunity to be examined by the medical board.

I accordingly allow the writ petition, quash Ext.P3 and direct the Motor Accidents Claims Tribunal, Kozhikode to refer the Petitioner to the medical board. The Petitioner shall in order to enable the medical board to intimate the date of examination to him file an affidavit before the Motor Accidents Claims Tribunal setting out his present address including the PIN code.