Claimant entitled to appeal disability assessment to State Disability Assessment Board per G.O. and Rule 387 without prior challenge.

J U D G M E N T

The petitioner is the claimant in O.P.(MV) No.2281 of 2022 on the files of the Additional Motor Accidents Claims Tribunal – I, Kollam. The claim petition was filed seeking compensation for the personal injuries sustained in a road accident on 29.09.2022. Ext. P2 is the disability certificate issued to the petitioner by the Medical Board attached to the District Hospital, Kollam, wherein it is certified that he is not suffering from any disability at present. The petitioner preferred I.A No.5 of 2024 before the Tribunal under Rule 387 of the Kerala Motor Vehicles Rules for assessment of disability by the Appellate Medical Board under Medical College, Thiruvananthapuram. The Tribunal, by Ext.P4 order, dismissed the application stating that if the petitioner is not satisfied with the examination conducted by the Medical Board attached to the General Hospital, Thiruvananthapuram, the remedy opened to the petitioner is to establish his challenge against the said report and get the report set aside. The Tribunal observed that without resorting to such a procedure, the petitioner is not entitled to an order directing his examination by another Medical Board. Challenging Ext.P4 order, the petitioner has filed this original petition.

2. Heard the learned counsel for the petitioner and the learned counsel for respondents 1 and 3.

3. The learned counsel for the petitioner refers the decision of this Court in Dileep Antony v. Shobin Sebastian and Others [2022 (6) KHC 105], paragraphs 10 to 12 whereof read thus:

10. R.387 of the Kerala Motor Vehicles Rules, 1989 deals with issuance of disability certificate and reads as follows:

"387. 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."

11. In G.O(P) No.161/97 / H&FWD dated 15/05/1997, the Government have issued revised orders / guidelines for issuing disability certificates to be produced before the Motor Accidents Claims Tribunal, Workmen's Compensation Court, individual compensation claims in other Courts etc. Paragraphs '9' and '10' of the said G.O read thus:

"9. Disability Certificates to be produced before the Motor Accident Claims Tribunal, Workmen's Compensation Court, individual compensation claims in other Courts etc., will be issued by a Specialist Doctor (Government or Private) with not less than 10 years standing in the speciality, who has not treated the patient in the acute stage after the accident. This is to ensure unbiased and accurate assessment of the permanent disability. Perusal of all relevant documents regarding the injuries sustained and treatment instituted etc., should be made and certificate of disability, issued only after careful and through evaluation.

10. Appeals / Second opinion in the case of such certificates will be referred to the State Disability Assessment Board. The State Disability Assessment Board will be the final appellate authority in these cases also."

12. The Government Order itself provides for an appeal from the disability assessed by the Standing Disability Assessment Boards constituted in the Medical College Hospitals and District / General Hospitals in the Districts to the State Disability Assessment Board.

In the light of G.O(P) No.161/97/H&FWD dated

15.05.1997, Ext.P4 order of the Tribunal is set aside and there will be a direction to the Tribunal to consider I.A No.5 of 2024 in O.P.(MV) No.2281 of 2022 afresh, in the light of the dictum laid down in Dileep Antony (Supra) and G.O(P) No.161/97/H&FWD. This shall be done within a period of one month from the date of receip