Calcutta High Court (Appellete Side)Swapan Halder vs New India Assurance Co. Ltd. & Anr on 5 August, 20151



05.08.2015
Court No.12
Item no.29
skc
                                        F.M.A. 419of 2005

                                     Swapan Halder
                                           Vs.
                            New India Assurance Co. Ltd. & Anr.



                     Mr. Krishanu Banik ... for the appellant


                     Nobody appears on behalf of the respondent.This appeal is against a judgment and award

              dated 30th July, 2004 passed by the Motor Accident

              Claims Tribunal, Alipore in claim application undersection 163Aof the Motor Vehicles Act, 1988,

              hereinafter referred to as the said Act, filed by the

              appellant claimant being MAC Case No. 519 of 2000

              whereby the learned Tribunal awarded the appellant

              claimant who was injured in an accident by a vehicle

              bearing No.WB-19-9748 owned by the respondent

              no.2, the owner of the vehicle admittedly covered by a

              police of insurance taken out by the respondent

              insurer.The only point, which has been argued by the

              learned counsel for the appellant/claimant before us,

              is that without any rhyme or reason of the permanent

              disability   of 80%       of the appellant/claimant as

              determined     by   the       Doctor     reduced   to   30%

              disablement    by       the   Tribunal    and   accordingly,

              compensation of the said disablement had been

              determined to 30%. He has also submitted that as

              the learned Trial Judge is not a medical practitioner

              or a medical person to determine the permanent2disability, the impugned award should liable to be

modified.We have gone through the judgment and

award impugned and it appears to us that it would be

better to direct the claimant/appellant to appear

before a Medical Board which would be constituted

by specialist Doctors.Accordingly, we direct the Superintendent of

Calcutta Medical College and Hospital to constitute a

Board comprising of head of the Department of

Orthopaedics, head of the Department of Surgery,

head of the Department of General Medicine and

others,     if   necessary,   who   will   examine   the

appellant/claimant and submit a report in a sealed

cover with regard to the permanent disability of the

appellant within a period of one month from the date

of furnishing the certified copy of this order.Registry is directed to send a copy of this order

to the Superintendent of Calcutta Medical College

and Hospital for communication and necessary

action.The Superintendent of the said Medical College

is directed to constitute a Board within 24 hours

from the date of receipt of communication and also

inform the appellant/claimant as well as the learned

counsel for the appellant about the date and time of

examination of the appellant/claimant whose postal

addresses and phone number are hereby given below:Appellant - Swapan Halder, S/0 of Jagadish

Chandra Halder, residing at village & post office-3Jamtala,     Police   Station-Kulpi,      District-South    24

Parganas;Counsel for the Appellant- Krishanu Banik,

39, Parmar Road, P.O. Bhadrakali, P.S. Uttarpara,

Dist-Hooghly, Pin-712232; Phone No. 9831411323.List    this    appeal   in   the    monthly   list   of

September, 2015.( Rajiv Sharma, J. )



                                ( Shivakant Prasad, J.)