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Madras High CourtCMA/632/2022partly allowed

J.S.Karthik Kumar v. Purushothaman (Sri Pachaiyamman Bus Owner)(Died)

2022-09-02Honourable Ms. Justice P.T. Asha3 pages

CMA.No.632 of 2022 KRISHNAN RAMASAMY, J.

The learned counsel for the Appellant submitted that due to the accident that occurred on 16.10.2016, the Appellant suffered fractures in head, left leg below knee and crush injury in stomach and multiple injuries all over the body and that apart his spleen was also removed, but the Medical Board viz., Regional Medical Board, Government Stanley College Hospital, which examined the Appellant/Claimant has assessed disability only @ 3% and therefore the learned counsel for the Appellant requested this Court to once again refer the Appellant/Claimant to some other Medical Board for reassessing the disability.

2. Considering the submissions made by the learned counsel for the Appellant/Claimant, this Court directs the Appellant/Claimant to appear before the Medical Board at Kilpauk Medical College and Hospital, Kilpauk, Chennai- 600 010. The Board is directed to examine the Claimant thoroughly and thereafter assess the disability. The Board is also directed to find out whether his Spleen was removed due to the aforesaid accident and KRISHNAN RAMASAMY, J 1/2

arr thereafter assess the disability. The said exercise shall be carried within a period of four weeks from the date of receipt of a copy of this order. The Appellant/Claimant is also directed to produce whatever medical records that is available with him with regard to the injury that he has suffered during the accident before the Medical Board for their perusal, understanding and appreciation of the same. The Dean of the Kilpauk Medical College and Hospital is directed to provide all assistance for constitution of the Medical Board, if not already constituted, so as to assess the disability of the Appellant/Claimant.

Post the matter on 24.06.2024.

27.03.2024 arr Copy to:

The Dean, Kilpuak Medical College and Hospital, Kilpauk,Chennai- 600 010.

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