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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944 RP NO. 45 OF 2022 FOR REVIEWING JUDGMENT DATED 18.02.2020 IN OP (MAC)
13/2020 OF HIGH COURT OF KERALA REVIEW PETITIONER/PETITIONER:
ADV. P. HARIDAS AGED 57 YEARS S/O. K.G. PURUSHOTHAMAN PILLAI, VARIKKAMANKAL, EZHUMATTOOR P.O, EZHUMATTOOR MURI, EZHUMATTOOR VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, ALSO RESIDING AT VARIKKAMANKAL SHREEMERU, PADAM ROAD, VADUTHALA, KOCHI – 23.
BY ADVS.
SRI.C.S.MANU SRI.BIJU HARIHARAN SRI.P.C.SHIJIN RESPONDENTS/RESPONDENTS 1 TO 3, 4TH RESPONDENT SUO MOTU IMPLEADED BY THE COURT AND T6HE 5TH RESOIBNDEBT SIYGHT TO BE IMPLEADED AS ADDITIONAL RESPONDENT:
1 DHANUSH DHANESHAN AGED 31 YEARS (DRIVER OF THE OFFENDING VEHICLE), AGED 31, KIZHAKKEDATHU HOUSE, KUTTANPADI BHAGOM, MARIYATHURUTH KARA. AYMANAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN - 686015.
2 SHIJO RAJU (OWNER OF THE OFFENDING VEHICLE), PUTHENPURACKAL, KUDUMALOOR P.O, KOTTAYAM DISTRICT, PIN - 686017.
3 THE ORIENTAL INSURANCE COMPANY REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTAYAM, KOTTAYAM DISTRICT, PIN - 686001.
4 THE SUPERINTENDENT GENERAL HOSPITAL, ERNAKULAM, PIN - 68 2011.
*5 ADDL. R5 IMPLEADED:
THE SUPERINTENDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY MEDICAL COLLEGE ROAD, HMT COLONY, NORTH KALAMASSERY, HMT, KALAMASSERY, ERNAKULAM DISTRICT, PIN - 683503.
[IS IMPLEADED AS ADDL.R5 AS PER ORDER DATED
25.02.2022 IN I.A.1/22 IN RP 45/2022 IN OP(MAC) 13/2020]
BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN SMT.K.S.SANTHI SRI.C.S.MANILAL THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O R D E R
This Review Petition has been filed seeking a review of the judgment dated 18.02.2020 in OP(MAC).No.13 of 2020 for the limited purposes of directing the Medical Board, that was directed to be constituted by the said judgment, to be constituted by the additional 5th respondent at the Co-operative Medical College, Kalamassery in lieu of the General Hospital Ernakulam.
2. When the Review Petition came up for admission, this Court directed the learned Government Pleader to get instructions as to whether there was a Neurologist available at the 5th respondent Medical College, who could be a part of the Medical Board constituted to evaluate the disability of the petitioner. The learned Government Pleader submits that a Neurologist is present in the 5th respondent Medical College, and the Medical Board can be constituted by the Superintendent of that Medical College with the Neurologist on Board. Taking note of the said submission, this Review Petition is allowed to the limited extent of directing the additional 5th respondent, in lieu of the additional 4th respondent, to comply with the directions in the judgment dated 18.02.2020 in OP(MAC).No.13 of 2020. Taking note of the changed scenario, the MACT, Pathanamthitta shall await the production of disability certificate by the petitioner from the Co- operative Medical College, Kaslamassery and only thereafter continue with the proceedings in OP(MV).No.1187 of 2015. The MACT shall accordingly fix a reasonable time limit for the petitioner to produce the Disability Certificate from the Co-operative Medical College, Kalamassery.
The Review Petition is disposed as above.
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