IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 MACA.No. 1223 of 2010() ----------------------- OPMV.446/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): 3RD RESPONDENT: ------------------------------------------------------ THE ORIENTAL INSURANCE CO.LTD., NAGARCOIL, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI - 18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT: -------------------------------------------- SUNDARAN, S/O.CHELLAYYAN, KARUKKALA PUTHEN VEEDU, PARASUVAIKKAL DESOM, PARASUVAIKKAL VILLAGE, NEYYATTINKARA TALUK. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.1733/2010 IN MACA NO.1223/2010 CLOSED 19/07/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1223 OF 2010 ............................................. Dated this the 19th day of July, 2010. J U D G M E N T After going through the award and hearing the learned counsel for the appellant, I am inclined to dispose of the appeal in the admission stage itself without notice for the reason that it requires reconsideration by the court below. 2. This is an appeal preferred against the award of the Claims Tribunal, Neyyattinkara in OP(MV)No.446/2004. The claimant had sustained a fracture on the shoulder and the Tribunal without examining the claimant and without any medical certificate or disability certificate, assessed the disability at 5% and had awarded the compensation. 3. I feel that the said method is totally erroneous and therefore it requires correction. If a person is having disability, the court has to satisfy either by production of the disability certificate or by examining the person and the court getting convinced about the disability. In all fracture cases, the courts cannot merely infer disability and pass awards. : 2 : M.A.C.A.NO.1223 OF 2010 4. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The appellant is directed to appear before the Tribunal on 4.9.2010 and take out notice to the other parties after it enters appearance. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1223 OF 2010