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 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 MACA.No. 2194 of 2007 ------------------------------------- OPMV.1041/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT: ------------------------------------- SURENDRAN.P., S/O.BAPPUKUTTY, AGED 62 YEARS, PARAPPURATH HOUSE, VARIYAMKANDI PARAMBA, PANNIYANKARA, P.O.KALLAI, KOZHIKODE. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENTS/RESPONDENTS: -------------------------------------------------- 1. B.SUBAIDA, D/O.MOIDEEN, BISHARATH HOUSE NO.3/2192 (A), PKP ROAD, NADAKKAVU, KOZHIKODE, PIN - 673 011. 2. N.P.FAIZAL, S/O.N.P.KUNHALAVI, NO.3/394, RAHMAN BUILDING, PARICKER ROAD, KOZHIKODE, PIN - 673 001. 3. M/S.ORIENTAL INSURANCE CO.LTD., G.H.ROAD, KOZHIKODE. PIN - 673 001. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2194 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November 2010 JUDGMENT Basheer, J. Appellant instituted a claim petition under Section 166 of the Motor Vehicles Act seeking compensation for the injuries sustained by him in a road traffic accident that occurred on June 19, 1999. According to the appellant, he sustained grievous injuries in the accident which occurred due to the rash and negligent driving of the driver of the offending vehicle that was insured with respondent No.3, insurance company. 2. Appellant had produced Exts.A1 to A5 in support of his case. However, the Tribunal disposed of the claim petition awarding only a sum of Rs.9,250/- to the claimant. The above award is under challenge in this appeal. 3. We have carefully perused the records available in the case which will undoubtedly show that the appellant had suffered very serious injuries on his head. Learned counsel submits that the appellant is now in a very critical condition. Annexure A1 to A7 documents have also been produced before this court in support of his case. Learned counsel further submits that latest medical records are also available which will show that the appellant is even now in a coma. M.A.C.A.No.2194 OF 2007 :: 2 :: 4. Having heard learned counsel for the appellant and the learned counsel for respondent No.3 and having perused the records available before us, we are of the view that the case has to be remanded to the Tribunal for fresh consideration. We make it clear that it will be open to the appellant to adduce further evidence in the matter. Respondents will also be entitled to adduce evidence on their side, if so advised. The Tribunal shall dispose of the matter afresh, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. 5. Registry shall send back the lower court records to the Tribunal forthwith. Parties shall appear before the Tribunal on November 30, 2010. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes