T M REJINAS Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THE petitioner is a 28 year old youth who had suffered serious injuries in a motor accident when he was just 23 years old. Consequently, he has now been reduced to a paraplegic. He has been undergoing treatment ever since the date of the accident. As evident from Ext.P3, the Neurosurgeon has recommended that he should undergo further specialised treatment. According to the petitioner, he needs substantial sums of money for continuing his treatment.

(2.) AS per an award dated 17-3-2011 in OP(MV) 448/2008 the Motor Accidents Claims Tribunal, Vadakara, has awarded an amount of Rs.10,55,000/- (Rupees ten lakhs fifty five thousand only) as compensation. An additional amount of Rs.20,000/- (Rupees twenty thousand only) has been awarded to him for future treatment also. However, only an amount of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) was released to him initially. Placing reliance on Ext.P3 certificate issued by the Neurosurgeon, the counsel for the petitioner submits that further substantial amounts are required for continuing his treatment. Though the petitioner had filed I.A.1218/2012 before the Motor Accident Claims Tribunal, Vadakara only a further amount of Rs.2,00,000/- has been ordered to be released to him. The petitioner has therefore filed this Original Petition seeking modification of the said order of the Motor Accidents Claims Tribunal so as to get sufficient amounts released for his treatment.

(3.) IT is no doubt true that as per Ext.P3 the petitioner appears to be a paraplegic. The Neurosurgeon has recommended further treatment using stem cells, which according to him, is likely to produce some positive results. However, the certainty of obtaining the expected improvement also appears to be doubtful even to the Neurosurgeon who has issued Ext.P3. Therefore, it is up to the petitioner to establish the need for further treatment, especially by examining the medical experts and to convince the Motor Accidents Claims Tribunal of the necessity of such treatment, the prospect of producing improvement in the health condition of the petitioner and also regarding the requirement of the amounts for such treatment. Since as per Ext.P2 order amounts have been released to the petitioner, I do not find any grounds to interfere with the same.