J U D G M E N T

P.Ubaid,J.

The question of law referred to us for resolution is very short and simple, concerning the practical application of Rule 387 of the Kerala Motor Vehicles Rules (hereinafter referred to as 'the Rules' for short) , which reads as follows:

“Examination of the injured by a Medical Officer: The Claims Tribunal may, if it considers necessary, direct any medical officer in a Government Hospital or in a Medical College Hospital or any Board consisting of such Medical Officers to examine the injured and issue disability certificate indicating the degree and extent of the disability, if any, sustained as a result of the accident.”

2. The petitioner herein is the claimant in O.P (MV)

No.1424 of 2010 of the Motor Accidents Claims Tribunal, Kozhikode. Pending the proceedings, he filed application as I.A No.6026 of 2010 under Rule 387 of the Rules for a direction for his examination by a Medical Board for the assessment of the nature and extent of his permanent disability, which he alleges. The learned Trial Judge directed the petitioner to be present in open court in view of the directions of this Court inKalesh v. Sudheer [ 2010 (1) KLT 537] andSundaran v. Shaju [ 2011