High Court of KeralaSingle JudgeDisposed of

Neena Devadas v. Sajeendran K.G. and others

Case / Petition Number:O.P.(MAC).No.2886 of 2013 (O)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2014-10-20
Court Decision / Holding
The Tribunal is directed to consider the petitioner’s application for a second reference (Exhibit P6) and not to proceed with evidence until that application is decided, with the case posted for hearing on or after 10.11.2014. If allowed, the Tribunal shall await the medical certificate before continuing, and the matter shall be listed for evidence thereafter. The Original Petition is disposed of in line with the binding precedents, with costs to the parties.
Final Disposition
Disposed of

Parties to the Case

Appellants / Petitioners

  • Neena Devadas

Respondents

  • Sajeendran K.G.
  • Devadas
  • Oriental Insurance Company

Legal Representation & Advocates

Counsels for Petitioners

  • • T. K. Koshy
  • • V. V. Risani

Counsels for Respondents

  • • George Cherian (Senior Advocate)
  • • K. S. Santhi
  • • Latha Susan Cherian

Case Synopsis & Summary

The petitioner Neena Devadas challenges the Motor Accidents Claims Tribunal’s handling of her disability references in a post-accident claim. She sought a reference to the State Medical Board for disability assessment; the first reference (Exhibit P4) led to a report through the Medical College Hospital, Alappuzha, which recorded Nil disability on 25.04.2013. Dissatisfied, she filed a second application for reference (Exhibit P6) and also sought removal of the case from the list (Exhibit P7). The petition contends that examining the claimant and closing evidence before receipt of the State Board’s medical report would defeat the purpose of objective disability evaluation; it relies on Government Order GO (P) 161/97/H&FWD (dated 15.05.1997), which prescribes disability certificates issued by a specialist with at least 10 years’ standing, after careful evaluation, to ensure an unbiased assessment. The respondent insurer argues the second reference is a tactic to delay proceedings and incur costs and interest. The court notes the Division Bench guidelines in Saramma Scaria v. Mathai and the Full Bench’s later interpretation in Jacob Thomas v. Pandian, clarifying that parts of the prior guidance were overruled to a limited extent. It directs the Tribunal to consider the second reference, postpone final evidence, and proceed after a medical certificate is obtained, disposing of the petition with costs while preserving a binding precedent framework.

Provisions of Law Cited

G.O.(P) 161/97/H&FWD (Disability Certificates guidelines)

Legal Doctrines & Maxims

  • Objective assessment of disability—avoidance of subjectivity or misplaced sympathy.
  • Balance between claimant’s legitimate claim and public interest; proportionate compensation.
  • Disability certificates are not conclusive; both parties may refute assessments through cogent evidence.
  • Guidelines on handling medical-board references and the role of appellate oversight (Saramma Scaria v. Mathai; Jacob Thomas v. Pandian).

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that a second reference to the State Medical Board is essential for an objective, unbiased disability assessment. The first reference yielded a report indicating no disability; given the gravity and potential compensation implications, the Tribunal should not proceed with evidence until the Board’s updated report is obtained. Relying on GO (P) 161/97/H&FWD para 8, the petitioner argues disability certificates must be issued by a sufficiently experienced specialist after careful review to ensure fairness. The purpose is to avoid erroneous disposals and ensure proportional compensation, with an appellate mechanism via the State Disability Assessment Board if needed; thus, postponement of evidence and consideration of the second reference is warranted.

Contentions of Respondents

The respondents contend the second reference is a delaying tactic. They argue the Tribunal should proceed to hear the case and avoid endless adjournments, as delaying payments and accruing interest harms the insurer. They assert the second reference, posted alongside the case for evidence, should not derail the proceedings; the reference should be dealt with, but not at the cost of unnecessary delay. The insurer highlights that the GO and guidelines are subordinate to the statutory framework and that the Tribunal cannot indefinitely stall while awaiting medical board reports.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Saramma Scaria v. Mathai2002 (2) KLT 404Partly Overruled / LimitedDivision Bench guidelines on medical-board references were partially overruled by a Full Bench in Jacob Thomas v. Pandian (F.B.), limiting certain aspects; the current decision treats Saramma Scaria as having limited binding effect in light of the Full Bench’s stance.
Jacob Thomas v. Pandian2005 (4) KLT 545 (F.B.)Mentioned OnlyCited to explain the extent of overruling of Saramma Scaria; the Full Bench’s approach to the medical-board reference is discussed but not adopted wholesale in the present case.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 20TH DAY OF OCTOBER 2014/28TH ASWINA, 1936 ## **O.P.(MAC).No.2886 of 2013 (O)** ------------------------------------------------------- O.P.(M.V.) NO.1183/2010 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM. ------------------ PETITIONER(S):- ------------------------ NEENA DEVADAS, W/O.DEVADAS, MUKKIDAMPARAMBIL, PERUMBADAPPU, PALLURUTHY.P.O., KOCHI-682006. BY ADVS.SRI.T.K.KOSHY SMT.V.V.RISANI. RESPONDENT(S):- -------------------------- 1. SAJEENDRAN.K.G., S/O.GANGADHARAN, KALLUVEETTIL HOUSE, SHANMUGHAPURAM, PACHALAM, KOCHI-682012. 2. DEVADAS, S/O.PRABHAKARAN, MUKKIDAMPARAMBIL, PERUMBADAPPU, PALLURUTHI.P.O., KOCHI-682006. 3. ORIENTAL INSURANCE COMPANY, BRANCH OFFICE, EBENEZER GARDERN, EDAPPALLY, KOCHI-682024. R3 BY ADVS.SRI.GEORGE CHERIAN (SENIOR ADVOCATE) SMT.K.S.SANTHI SMT.LATHA SUSAN CHERIAN THIS ORIGINAL PETITION (MAC) HAVING BEEN FINALLY HEARD ON 20-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- OP (MAC).No.2886 of 2013 (O) ---------------------------------------- ## **APPENDIX** PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE CLAIM PETITION O.P.(MV)1183/2010 DT.26.07.2010 ON THE FILE OF THE MACT, ERNAKULAM. EXT.P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 12.02.2013 FILED BY THE 3RD RESPONDENT IN EXT.P1 CASE. EXT.P3 TRUE COPY OF THE APPLICATION I.A.5759/2012 DATED 06.10.2012 IN O.P.(MV)1183/2010 FILED BEFORE THE MACT, ERNAKULAM. EXT.P4 TRUE COPY OF THE LETTER DT.16.10.2012 OF THE MACT ,ERNAKULAM ADDRESSED TO THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. EXT.P5 TRUE COPY OF THE CERTIFICATE DT.25.04.2013 OF THE MEDICAL BOARD, GOVT. TD MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. EXT.P6 TRUE COPY OF THE APPLICATION I.A.5812/2013 DT.12.08.2013 IN OP(MV)1183/2010 FILED BEFORE THE MACT, ERNAKULAM. EXT.P7 TRUE COPY OF THE APPLICATION I.A.5817/2013 DT.12.08.2013 IN O.P.(MV)1183/2010. RESPONDENT(S)' EXHIBITS:- -----------------------------------------NIL. vku. ( true copy ) “C.R.” K.Vinod Chandran, J. **----------------------------------------** O.P.(MAC).No.2886 of 2013-0 **-----------------------------------------** Dated this the 20[th] day of October, 2014 ## **JUDGMENT** The petitioner is aggrieved by the non-consideration of an application filed, evidenced at Exhibit P6, where, the petitioner had sought for a reference to the State Medical Board. 2. The petitioner, admittedly, was involved in an accident, in which the petitioner claims that she suffered disability. A claim was preferred before the Motor Accidents Claims Tribunal [for brevity “Tribunal”] on 26.07.2010. An application for reference to the Medical Board was made on 06.10.2012, which was allowed as could be seen from Exhibit P4 dated 16.10.2012. The Medical College Hospital, Alappuzha examined the petitioner on 25.04.2013 and reported “Nil” disability. 3. The petitioner was aggrieved by Exhibit P5 report and, hence, filed a second application, evidenced at Exhibit P6 for a reference to the State Medical Board. The petitioner also filed an application for removing the case from the list, evidenced at - 2 - OP(MAC).2886 of 2013 Exhibit P7. The petitioner's contention is that the Tribunal rejected the application for removal of the case from the list and posted the application, for a second reference, to the State Medical Board, along with the case which was posted for evidence. 4. The short contention urged before this Court is that, there would be no purpose served, if the petitioner is examined and the evidence in the case closed; before a medical report is received from the State Medical Board. 5. It is to be noticed that while the Original Petition was admitted on 23.08.2013, there was an interim stay granted by this Court, which was extended until further orders. Today when the case was posted for hearing, the learned Standing Counsel appearing for the Insurance Company would take a serious objection in the second application filed, alleging that it is only a ruse to delay the proceedings, which would eventually result in the Insurance Company being mulcted with the interest liability. 6. The petitioner has produced before me G.O.(P) 161/97/H&FWD dated 15.05.1997, where the Government has issued revised orders/guidelines for issuing Medical Certificates; wherein with respect to the Disability Certificates to be produced - 3 - OP(MAC).2886 of 2013 ## _inter alia_ before the M.A.C.T., paragraph 8 is relevant:- “8. Disability Certificates to be produced before 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”. 7. The above G.O. was referred to with approval, in a Division Bench decision of this Court in _**Saramma Scaria v. Mathai**_ **[2002 (2) KLT 404],** where the Division Bench has also laid down certain guidelines on how the Tribunals should deal with applications for reference of cases to the Medical Board. The guidelines issued by the Division Bench survived the interference made with the Division Bench decision by a Full Bench, reported in _**Jacob Thomas v. Pandian**_ **[2005 (4) KLT 545 (F.B.)].** The Division Bench _inter alia_ held that after framing issues, the Tribunal cannot dismiss the application for default under any circumstance, which - 4 - OP(MAC).2886 of 2013 the Full Bench did not agree with. Only to that limited extent the decision in _**Saramma Scaria**_ ( _supra_ ) was overruled. In fact, the said interference was also in mitigation of the hardship caused to a claimant who is obliged to file an appeal from an award passed without he being participated in the enquiry. Despite there being a prevalence of unscrupulous claims before the Motor Accidents Claims Tribunals, no Tribunal can afford to view every claim with a jaundiced eye and it is for the Tribunals to assess and determine genuine claims and deal appropriately with the claims which are frivolous and contorted. 8. It is also to be noticed that the aforesaid G.O. also constitutes, at paragraph 9, the State Disability Assessment Board as the Appellate Authority, to which any person could claim reference, if aggrieved by the disability assessed by the Standing Disability Assessment Boards constituted in the Medical College Hospitals and District/General Hospitals in the Districts. Hence, the Government order itself envisages an appeal from the assessment made by the District Board; as is in this case, and no irrefutability can be attributed to such certificate issued. Even the certificate issued by a State Medical Board would not be conclusive, since - 5 - OP(MAC).2886 of 2013 both parties would be entitled to refute the assessment made, by leading cogent contra evidence. 9. In the instant case, the petitioner's disability is alleged to be from neurological and orthopaedic complaints. The Government Order constitutes the Standing Disability Assessment Board with six doctors from different specialities and the State Board also in a like manner. The certificate in the above case indicates the Board which examined the petitioner, to be one comprising of four doctors. The Chairman; who is not disclosed to have been part of the examination of the petitioner, has signed the certificate. Assessment of disability cannot be lightly taken by the Boards constituted by the Government, nor can such levity displayed by the Boards be condoned by the Courts. Assessment of a disability for the purpose of awarding damages is an onerous responsibility, where a balance has to be struck between the legitimate claim of an injured and public interest; the former commensurate with the damage/injury caused and the latter; since in most cases the tort feasor is insured and the amount of damages is a drain on public money. But, neither can be discounted or one given more significance over the other. It is the - 6 - OP(MAC).2886 of 2013 Courts' duty to ensure an objective assessment; leading to proportionate compensation, tainted neither by subjectivity nor misplaced sympathy. 10. Taking all the aforesaid facts into consideration, it is only proper that the petitioner's application for a second reference be considered by the Tribunal, in the considered opinion of this Court, favourably. The claim petition filed before the Tribunal shall not be taken up till the application filed, as evidenced by Exhibit P6, is considered by the Tribunal. The Tribunal shall, if the case is posted after 10.11.2014, advance the same to 10.11.2014 or in the other event, post the case on 10.11.2014, on which date the petitioner as also the respondents shall be represented before the Tribunal through counsel. On the said date or on any adjourned date within two weeks therefrom, the matter shall be heard and the Tribunal shall consider the application and pass orders on the same, bearing in mind the binding precedent of the Division Bench in _**Saramma Scaria**_ ( _supra_ ) as also the observations herein, within a month from that date. The case shall be listed for evidence only after the aforesaid application is considered; and on allowing the same, only after receipt of medical certificate. OP(MAC).2886 of 2013 - 7 - The Original Petition is disposed of as above. Parties are left to suffer their respective costs. Sd/K.Vinod Chandran, Judge vku. ( true copy )