Ker HC | Presence of a neurologist in medical diagnosis for purpose of issuing medical certificate is necessary when accident victim suffers from neurological disorders; MACT order set aside

Kerala High Court: Writ petition has been allowed by Sathish Ninan, J., finding merits in the petitioner’s arguments and consequently setting aside the order dated 6-01-2020 in I.A.No.4009 of 2019 in O.P. (M.V). No. 997 of 2016 delivered by the Motor Accident Claims Tribunal, Mavelikarra (MACT).

The petitioner is aggrieved by the dismissal of his application I.A. No. 4009 of 2019 and has hence filed this petition before the Court. The reason behind dismissal by the MACT is that a reference has already been made to the Board attached to the District Hospital, Mavelikara subsequent to which a disability certificate has been issued.

Counsel for the petitioner, Rinny Stephen Chamaparampil has submitted that as a direct result of the accident in question, the petitioner has suffered serious injuries including that to his brain which has led to neurological issues. The medical board of the district hospital, Mavelikara which evaluated the petitioner did not consist of a neurologist. Given the petitioner’s neurological disorders, It is pertinent and necessary that a neurologist’s assessment be made.

Upon careful perusal of the medical certificate, the Court found substance in the petitioner’s arguments and discovered that the medical board did not consist of a neurologist which is unreasonable and makes the medical certificate unsustainable.

In view of the above, Court has allowed the writ petition setting aside MACT’s order dated 06-01-2020. The Court also referred the petitioner to the medical board of medical college hospital, Alappuzha for complete assessment by the board including a neurologist. [Arun Kumar v. Royal Sundaram Alliance Co. Ltd., 2020 SCC OnLine Ker 4526, decided on 19-10-2020]


Yashvardhan Shrivastav, Editorial Assistant has put this story together

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