1 OPC 265/25 2025:KER:31017 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 OP(C) NO. 265 OF 2025 OS NO.561 OF 2013 OF PRINCIPAL MUNSIFF, ALAPPUZHA PETITIONER/S: 1 ST. ALOYSIUS COLLEGE, EDATHUA, KUTTANADU, ALAPPUZHA REPRESENTED BY ITS MANAGER, PIN - 689573 2 THE PRINCIPAL, ST. ALOYSIUS COLLEGE, EDATHUA, KUTTANADU, ALAPPUZHA, PIN - 689573 3 THE HEAD OF THE DEPARTMENT, PHYSICAL EDUCATION DEPARTMENT, ST. ALOYSIUS COLLEGE, EDATHUA, KUTTANADU, ALAPPUZHA, PIN - 689573 BY ADVS. JOHN JOSEPH VETTIKAD C.JOSEPH JOHNY/ THOMAS P. ISSAC RESPONDENT/S: 1 SMT. TINTU MARY THOMAS, DAUGHTER OF CHACKO THOMAS, EDACKADU HOUSE, AMARA P.O. THRIKKODITHANAM VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, PIN - 686546 2 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY THIRUVANANTHAPURAM, PIN - 695001 3 THE DIRECTOR OF COLLEGE EDUCATION, GOVERNMENT OF KERALA, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 BY ADVS.B.PRAMOD, ATHUL M.V.(K/1539/2018) AJAY S. KOSHY(K/003202/2022) OTHER PRESENT: GP SRI. S. UNNIKRISHNAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 OPC 265/25 2025:KER:31017 JUDGMENT (Dated this the 8th day of April 2025) Petitioners are the defendant Nos.1 to 3 in O.S.No.561 of 2013 on the files of the Munsiff Court, Alappuzha. The 1st respondent is the plaintiff. The suit is filed claiming damages. The petitioners filed a joint written statement refuting the plaint allegations. An additional written statement was also filed. 2. The plaintiff produced a disability certificate obtained from the Medical Board of the Government T.D Medical College, Alappuzha, which states that plaintiff has got a disability of 15%. According to her, the disability sustained was following an incident which occurred in the college on 15.2.2013. The plaintiff has also sustained injuries in a road traffic accident which occurred on 15.7.2018, wherein she suffered fractures on her right hand. 3. It is the case of the defendants/petitioners herein that in the certificate produced by the plaintiff as Ext.P4, the Board did not make any attempt to ascertain as to whether the disability was 3 OPC 265/25 2025:KER:31017 caused due to the incident, which occurred in the college or in the motor accident. Therefore, I.A.No.4 of 2021 was filed by the defendants for a direction to the State Medical Board to assess the disability of the plaintiff. The plaintiff filed objection to the said I.A. 4. The learned Munsiff dismissed the application as per Ext.P8 order. The reason stated is that the District Medical Board is constituted with 3 doctors and the Assistant Professor in orthopaedic department, who was the Principal Doctor in the Medical Board when examined examined as PW1, has deposed regarding the disability. PW1 is competent to arrive at the findings of disability. 5. The petitioners have produced Ext.P9 issued by the Health and Family Welfare (G) Department, Government of Kerala on 15.5.1997, wherein an appeal is provided against a decision of the Board to the State Disability Assessment Board. It is based on the said appellate provision that the petitioners filed Ext.P5 4 OPC 265/25 2025:KER:31017 (I.A.No.4 of 2021). This court also in Neena Devadas v. Sajeendran K.G. [(2014) 4 KLT 728] held that if any assessment made by the District Board is disputed by a party, reference can be made to the State Medical Board. Therefore, on an overall facts and circumstances and taking note of the appeal provision provided for, in Ext.P9 order, I am of the opinion that I.A.No.4 of 2021 requires reconsideration. Therefore, Ext.P8 is set aside and the trial court is directed to reconsider I.A.No.4 of 2021 in the light of the decision of this court in Neena Devadas (supra) as well as the appellate provision provided in Ext.P9 Government Order, and pass orders after giving opportunity of hearing to the parties. This O.P.(C) is disposed of. Sd/-BASANT BALAJI JUDGE dl/ 5 OPC 265/25 2025:KER:31017 APPENDIX OF OP(C) 265/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN O.S. NO 561/2013 ON THE FILE OF THE PRINCIPAL MUNSIFF’’S COURT, ALAPPUZHA Exhibit P2 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS HEREIN AS DEFENDANTS NO. 1 TO 3 IN O.S. NO. 561/2013 ON THE FILE OF THE PRINCIPAL MUNSIFF’’S COURT, ALAPPUZHA Exhibit P3 THE TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT FILED BY THE PETITIONERS HEREIN AS DEFENDANTS NO. 1 TO 3 IN O.S. NO 561/2013 ON THE FILE OF THE PRINCIPAL MUNSIFF’’S COURT, ALAPPUZHA Exhibit P4 THE TRUE COPY OF THE DISABILITY CERTIFICATE NO.MR/578/19/MCHA/MACT DATED 27/02/2020 ISSUED BY MEDICAL BOARD OF THE GOVERNMENT T D MEDICAL COLLEGE HOSPITAL, ALAPPUZHA, Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT AND THE APPLICATION IN I.A. NO. 4/2021 IN O.S. NO. 561/2013 ON THE FILE OF THE PRINCIPAL MUNSIFF’’S COURT, ALAPPUZHA Exhibit P6 THE TRUE COPY OF THE OBJECTION FILED THE PLAINTIFF IN I.A. NO. 4/2021 IN O.S. NO. 561/2013 ON THE FILE OF THE PRINCIPAL MUNSIFFS COURT, ALAPPUZHA Exhibit P7 THE TRUE COPY OF THE DEPOSITION OF DR.MANESH STEPHAN IN O.S. NO. 561/2013 ON THE FILE OF THE PRINCIPAL MUNSIFFS COURT, ALAPPUZHA Exhibit P8 THE TRUE COPY OF THE ORDER DATED 07/01/2025 IN I.A. NO. 4/2021 IN O.S.NO. 561/2013 ON THE FILE OF THE PRINCIPAL MUNSIFFS COURT, ALAPPUZHA Exhibit P9 THE TRUE COPY OF THE G.O. (P) NO. 161197/H&FWD ISSUED BY THE GOVERNMENT OF KERALA