IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 MACA.No. 1962 of 2006() ----------------------- OPMV.609/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SALAVUDDIN (MINOR), AGED 9 YEARS, S/O. ASSAINAR, REPRESENTED BY FATHER ASSAINAR, S/O.MOIDEEN BAVA, AGED 45 YEARS,CHEKKALINTEPURAKKAL P.O. CHETTIPPADI, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): RESPONDENTS: --------------------------- 1. IBRAHIM KUTTY, S/O.KUNHI MOHAMMED, KUTTIYADI HOUSE, P.O. CHETTIPPADI,PARAPPANANGADI, MALAPPURAM DISTRICT. 2. K. SULAIMAN, S/O. KUNHIMOHAMMED, KUTTIYADI HOUSE, P.O. CHETTIPPADI,PARAPPANANGADI, MALAPPURAM DISTRICT. 3. NATIONAL INSURANCE CO. LTD., KORAMBAYIL BUILDINGS, PANDIKKAD ROAD, MANJERI. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1962 OF 2006 --------------------------------- Dated this the 15th day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Tirur in O.P.(MV) No.609/2003. The claimant, a minor boy aged 6 years at the time of the accident, sustained injuries in a road accident. It is seen that he had sustained laceration on the left parietal region, depressed communited fracture of the left parietal bone, mild diffuse brain edema and subarachanoid hemorrhage. Along with the appeal the claimant has produced documents and also moved an application for amendment of the claim petition to enhance the compensation to Rs. 5,00,000/-. I had perused the medical records produced. It shows the seriousness of the injury. But unfortunately nothing has been placed before the tribunal so as to make it realise the seriousness of the injuries. I do not want to put the blame on any party, but needless to say that an opportunity has to be given to put forth the true state of affairs before the tribunal. 2. Therefore I set aside the award and remit the case back to the tribunal for fresh consideration with permission to the claimant M.A.C.A.No. 1962/2006 -2- to move an application for amendment of the claim and produce additional documents as well as medical evidence to prove about the seriousness of the injuries sustained by the boy. After considering amendment application, the defence be also permitted to file additional pleadings and produce documents in support of their respective contentions. The Registry is directed to return the documents produced in this case to the learned counsel for the appellant so that he can produce it before the tribunal along with the amendment application. Parties are directed to appear before the tribunal on 20.1.2009. M.N. KRISHNAN,JUDGE vkm