S.Manikumar, J.

Being aggrieved by the finding, fixing negligence on the driver of the State Transport Corporation bus, bearing registration No.TN-38-N-1787, and the quantum of compensation of Rs.25,60,279/-, with interest, at the rate of 7.5% per annum, from the date of claim till deposit, awarded to the injured in M.C.O.P.No.532 of 2010, dated 25.05.2013, on the file of Motor Accident Claims Tribunal-cum- First Additional District Judge, Tiruppur, the Managing Director, Tamil Nadu State Transport Corporation Limited, Coimbatore Division, has filed C.M.A.No.3422 of 2013.

2. Not satisfied with the above quantum of compensation, the injured has filed C.M.A.No.2809 of 2013, for enhancement. He has also filed M.P.No.1 of 2015, to receive the medical bills, in two sets and the prescriptions, for the expenses of Rs.2,60,265.64 ps., and Rs.11,019/-, respectively, incurred by him.

3. On 14.08.2015, a representation was made by the learned counsel for the injured/claimant, stating that on account of the accidental injuries, the injured is still in coma, totally incapacitated from travelling, and prayed to treat him as 100% disabled and, accordingly, compute the compensation, due and payable, to him.

4. In order to ascertain the actual physical condition of the claimant, with reference to what was contended, we directed the Head of the Medical Department of the District, to depute a team of doctors, comprising neurologist and orthopedist, examine the claimant, and to assess the actual physical condition of the claimant and to state the functional disabilities, suffered by the claimant and accordingly, issue a disability certificate.

5. Pursuant to the said directions, the Joint Director of Health Services, Tiruppur, has sent a report to the Sub-Assistant Registrar (Statistics/CS), High Court, Chennai, in reference No.4041/MB/2015, dated 28.09.2015, and that the same is extracted hereunder:

From

Dr.V.N.K.Keshavan, MBBS,DCH,

Joint Director of Health

Services (i/c), Tiruppur.

To

The Sub-Assistant Registrar,

(Statistics/CS), High Court,

Chennai-600 104.

Ref.No.4041/MB/2015, Dated -09-2015

Respected Sir,

Sub : Medical Board - Report of Thiru Anandakumar, S/o.(Late Ramasamy Residing @ No.77 Cotton Mill Road 1st Street, P.N.Road, Tiruppur Submission - Regarding.

Ref : 1) Honourable High Court, Chennai Judgment in CMA No.3422/2013 in Mp No.1 of 2015 in CMA 3422/2013, Dated 14-08-2015.

2) Letter of Thiru A.Manavalan, BABL, Tiruppur.

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With reference to the direction of the Honourable High Court of Madras cited in reference (2) it was instructed to constitute a Medical team consisting of neurologist and orthopeadician in Govt.Head Quarters Hospital, Tiruppur, for conducting Medical examination on Thiru Anandakumar S/o (Late) Ramasamy, Residing at 77 Cotton Mill Road, 1st Street, Tiruppur, and submit a report about his disability and physical condition.

Since Neurologist Specialist is not available in this District a special Medical Board was constituted consists of the following team of doctors to examine the above patient and submit a report.      

Since Thiru Anandakumar was not in a condition to move from his residence the above team of doctors went his residence on 28-09-2015 and examined his condition. The opinion given by the above team of doctors is endorsed by the Medical Board of this district and enclosed herewith for kind perusal

Sd/-xxxxx

Joint Director of Health Services (i/c.)

Tiruppur.

Enc.: As above 1 page

CERTIFICATE

28-09-2015

We the following team of doctors

went to the residence of Thiru Anandakumar S/o (Late) Ramasamy residing at 77, Cotton Mill Road, 1st Street, Tiruppur on 28-09-2015 and examined him.

The above individual had met with RTA on 13-12-200