IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 MACA.No. 1022 of 2008() ----------------------- OPMV.1300/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/ PETITIONER ----------------------------------- A.J.JOSE, S/O.JACOB, AGED 39 YEARS, ALAPPADAN HOUSE, KONCHERY ROAD, MULAMKUNNATHKAVU, THRISSUR. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENT(S): RESPONDENTS -------------------------- 1. V.M.JOSEPH, S/O.MATHAI, VELIYAMPURATH HOUSE, KUNDUKAD P.O, VATTAL, R.V.PURAM, THRISSUR. 2. V.J.JOHNSON, S/O.JOSEPH, VELIYAMPURATH HOUSE, KUNDUKAD P.O, VATTAL, R.V.PURAM, THRISSUR. 3. UNITED INDIA INSURANCE CO.LTD., KURUPPAM ROAD, THRISSUR. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A.1022 of 2008 ------------------------------------------------------ Dated: SEPTEMBER 3, 2010 JUDGMENT Basheer, J. Appellant who had sustained some injuries in a road traffic accident, preferred a claim petition before the Motor Accidents Claims Tibunal, Thrissur, seeking compensation from the owner, driver and insurer of the offending vehicle. The Tribunal, after considering the documentary evidence adduced by the appellant, awarded a sum of Rs.72,500/-. The Insurance Company was directed to pay the same. 2. The grievance of the appellant is that the amount awarded by the Tribunal is totally inadequate. Appellant takes particular exception to the manner in which the Tribunal has dealt with the claim made by him for reimbursement of the medical expenses. It is pointed out by the learned counsel that the appellant had produced medical bills amounting to Rs.78,037/- as could be seen from Ext.A7 (series) bills. But the Tribunal awarded only Rs.15,600/-. Further, the Tribunal totally ignored Ext.A6 disability certificate in which the doctor had assessed 15% disability. The Tribunal without awarding any compensation under the head “disability”, nevertheless, granted a sum of Rs.10,000/- for “discomfiture”. 3. We have perused the lower court records. It is seen that the appellant had produced 97 bills/vouchers which were marked as Ext.A7 (series). There is no reference at all to these documents in the award. We do not propose to refer to or deal with the other contentions raised by the appellant at this stage. In our view, the matter requires to be reconsidered by the Tribunal. 4. Therefore the case is remitted to the Tribunal for fresh consideration. The Tribunal shall afford sufficient opportunity of hearing to the appellant and the respondents before passing a revised award. The Tribunal shall dispose of the case as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The Registry shall send back the records to the Tribunal forthwith. 5. The parties shall appear before the Tribunal on October 4, 2010. The appeal is disposed of in the above terms. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-