IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 MACA.No. 103 of 2008() -------------------------------- OPMV.2193/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ..................................................................................................................................... APPELLANT(S): APPELLANT/PETITIONER: ------------------------------------------------------------- M. PUSHPARAJAN, AGED 43 YEARS, SON OF M.BAPPUTTY, KAREENCHERY HOUSE, CHEVARAMBALAM POST, KOZHIKODE DISTRICT. BY ADV. SRI. JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS: ------------------------------------------------ 1. BASHEER, AGED 53 YEARS, SON OF MAMU, MARIKKOTHU VEEDU, PALAKKUTTY, KODUVALLY, KOZHIKODE DISTRICT. 2. THE GENERAL MANAGER, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J -------------------------------- M.A.C.A. NO.103 OF 2008 ------------------------------------- Dated this the 18th day of September, 2009. J U D G M E N T This is an appeal preferred against the Motor Accident Claims Tribunal Kozhikkode in O.P.(MV).No.2193 of 1999. The claimant while traveling in a K.S.R.T.C. bus sustained injuries on account of the rash and negligent driving of the K.S.R.T.C. driver. The Tribunal awarded a compensation of Rs,1,500/ and it is against that decision the present appeal is preferred. Along with memorandum of appeal i.e. I.A.121 of 2008 the appellant has produced four documents. These four documents on perusal would reveal that the claimant had sustained a fracture on the shaft of humerous. It appears that he had visited the Medical College Hospital on many occasions and ultimately it is seen that the fracture has united clinically. Unfortunately these original documents were not made available before the Tribunal to determine the compensation and that has resulted in fixation compensation of Rs.1,500/-. It would be grossly inadequate for the injuries sustained . Therefore, I am inclined to give opportunity to the claimant to produce these documents before that Tribunal and adduce evidence. The award under challenge set aside the matter is remitted back to the Tribunal with a direction to the claimant to M.A.C.A. NO.103 OF 2008 2 produce documents in support of his contention and adduce evidents and the matter be disposed of in accordance with law. The parties are directed to appear before the Tribunal on 13.11.2009, the counsel appearing for the appellant herein is permitted take back to the documents produced here so as to be produced before the Claims Tribunal. The appeal disposed of accordingly. M.N.KRISHNAN, JUDGE. pm M.A.C.A. NO.103 OF 2008 3 M.A.C.A. NO.103 OF 2008 4