IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 MACA.No. 322 of 2006(A) ----------------------- OPMV.11/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ----------------------------------- JINTO, S/O. PAUL, RESIDING AT CHALISSERY HOUSE, VELLARAKKAD, MANAPPADI, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS RESPONDENT(S): RESPONDENTS --------------- 1. GRACY PAUL, W/O. PAUL, RESIDING AT CHALISSERY HOUSE, P.O. VELLARAKKAD, THRISSUR DISTRICT. 2. C.J. JOSE, S/O. JOSEPH, RESIDING AT CHIRAN HOUSE, VELLARAKKADU, P.O. MANAPPADI, THRISSUR DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED ANUGRAHA BUILDINGS, WADAKKANCHERY ROAD, KUNNAMKULAM, THRISSUR DISTRICT. 4. THE MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. 5. AHAMMED BASHEER, S/O. KASSIM KUNJU, RESIDNG AT PUTHANPURAKKAL, PUNNATHALA, KOLLAM DISTRICT. 6. THE NATIONAL INSURANCE COMPANY LIMITED DIVISONAL OFFICE, THIRUVANANTHAPURAM. ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R4 SRI.N.S.MOHAMMED USMAN FOR R.3 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R6 SRI.P.JACOB MATHEW FOR R6 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 322 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd Day of August, 2009 O R D E R K. M. Joseph J. Having heard the learned counsel for both the parties, we are of the opinion that an assessment of the condition of the appellant to assess his disability which arose due to the injuries, may be necessary. This is a case, where the Tribunal has not granted disability compensation on the ground inter - alia that the Doctor who issued the certificate has treated him. It is necessary to obtain a report as to the disability, if any, arising out of the injuries. We direct the Superintendent of Government Medical College Hospital, Trissur to constitute a team of Doctors and M.A.C.A. NO: 322 OF 2006 :2: assess the disability of the appellant arising from the injuries in question and file a report at the earliest. Post the case after receipt of the report. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/