Kerala High Court
Muhammed Rashid @ Rashid vs Girivasan E.K on 20 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Friday, the 20th day of January 2023 / 30th Pousha, 1944
IA.NO.1/2022 IN MACA NO. 616 OF 2018
OP(MV) 646/2014 OF ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL -II, MANJERI,
MALAPPURAM
PETITIONER/APPELLANT:
MUHAMMED RASHID @ RASHID, AGED 29 YEARS, S/O.YUSUF, VALLIKKADAN
HOUSE, NADUVAKKAD, MAMPAD COLLEGE P O,MAMPAD, NILAMBUR TALUK,
MALAPPURAM DISTRICT.
RESPONDENTS/RESPONDENTS:
1. GIRIVASAN E.K., S/O.PADMANABHA PANIKKAR, EDAPPALATHU KALARIKKAL
HOUSE, VANIYAMBALAM PO, WANDOOR, NILAMBUR TALUK
2. SURENDRAN, S/O.PADMANABHA PANIKKAR, EDAPPALATHU KALARIKKAL
HOUSE,VANIYAMBALAM P O, WANDOOR, NILAMBUR TALUK.
3. THE NATIONAL INSURANCE COMPANY LTD, MANJERI P.O, 676121.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant extension of
time to the petitioner/appellant to appear before the Medical Board,
Manjeri, after 10.1.2023 in to meet the ends of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.T.G.RAJENDRAN, SMT.ANN SUSAN GEORGE, SRI.T.R.TARIN, SRI.V.A.VINOD,
Advocates for the petitioners and of SRI.ABHIJETT LESSLI, Advocates for
the respondent 3, the court passed the following:
p.t.o
SOPHY THOMAS, J.
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I.A No.1 of 2022 IN
MACA No.616 of 2018
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Dated this the 20th day of January, 2023
ORDER
This is an application to grant extension of time to the petitioner/appellant to appear before the Medical Board, Manjeri.
2. Learned counsel Sri.T.G Rajendran, appearing for the appellant, submitted that, the appellant could not appear before the Medical Board constituted by the Superintendent of Medical College Hospital, Manjeri on 01.12.2022 as the appellant was abroad and so, another date may be given for the appellant to appear before the Medical Board.
3. This Court, as per order dated 11.11.2022 in I.A No.1 of 2019 in MACA No.616 of 2018, allowed the application of the appellant directing the Superintendent, Medical College Hospital, Manjeri, to constitute a Medical Board to assess the physical disability, if any, of the appellant. He was directed to MACA No.616 of 2018 2 appear before the Superintendent of Medical College Hospital, Manjeri with all the relevant medical records for subjecting himself for medical examination by the Medical Board. There was a direction to the appellant to appear before the Superintendent, Medical College Hospital, Manjeri on or before 21.11.2022 and the Superintendent was directed to constitute a Medical Board within a period of one month thereafter and to forward the certificate of disability, if any, to the Registry of this Court without delay.
4. The Superintendent, Medical College Hospital, Manjeri informed this Court as per letter dated 03.12.2022 that, the Medical Board was constituted and the appellant was directed to appear before the Medical Board at 9 a.m on 01.12.2022. But, he did not appear before the Medical Board.
5. Though the order of this Court was dated 11.11.2022 and sufficient time was there for the appellant to appear before the Medical Board on 01.12.2022, he failed to appear before the Medical Board. The appeal is of the year 2018 and the O.P (MV) was of the year 2014. Moreover the appellant is reported to be abroad, and may be employed there MACA No.616 of 2018 3 comfortably. So, this Court finds no bonafides in the prayer for another chance to appear before the Medical Board, and therefore, his request is turned down.
This I.A is accordingly dismissed.
Sd/-
SOPHY THOMAS JUDGE smp 20-01-2023 /True Copy/ Assistant Registrar