The petitioner claims to have suffered serious disability in an accident in which he was involved. The petitioner had filed an application for examination by the District Medical Board which was allowed. But, since no examination was made for a long time, the petitioner filed an I.A indicated at Ext.P1 seeking a direction to the Medical Superintendent of the Medical College Hospital, Kozhikode, to expedite the examination of the petitioner. The Motor Accident Claims Tribunal, by Ext.P2, has dismissed the application and has also found that the petitioner can get the disability assessed by a doctor of his own choice. No fault can be found in the order of the Tribunal.
2. However, it is to be noticed that admittedly, the order passed on 27.08.2013, referring the petitioner to the District Medical Board, was despatched from the Office only on 14.08.2014. Though the Tribunal in its report seeks to OP(MAC).166/14 2 explain such delay caused, this Court is not convinced that the reasons stated are satisfactory. In any event, since the Tribunal has decided not to proceed against the staff concerned, this Court would not say anything further in the matter. The prejudice caused to the petitioner cannot but be ignored.
3. In the above circumstances, the petitioner shall approach the Superintendent of the Medical College Hospital, Kozhikode, who is suo motu impleaded herein as additional 2nd respondent; for whom the learned Government Pleader is directed to take notice. Within a period of two weeks from today, the petitioner shall produce a certified copy of the judgment before the additional 2nd respondent. The Superintendent shall give a date for examination of the petitioner in December 2014 or January, 2015 and the same shall be intimated to the petitioner or his representative, who appears before the Superintendent. Acknowledgment shall also be received on the date notified. The petitioner shall present himself before the Medical Board on the date so OP(MAC).166/14 3 notified and the medical examination shall be carried out and the report forwarded to the Tribunal expeditiously. It is made clear that, the aforesaid directions are issued only in the context of the petitioner's condition as put forth in Ext.P1 affidavit. The petitioner shall produce the copy of the writ petition before the Superintendent of Medical College Hospital, Kozhikode.
The Original Petition is disposed of.
Sd/-
K.VINOD CHANDRAN
Judge
Mrcs //True Copy//