IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 MACA.No. 909 of 2010() --------------------------------- OPMV.1313/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------------------------ RUKHIYA, W/O.BASHEER, AGED 41, CHANDRANTHODI, PUTHIYARA P.O., CALICUT-673004. BY ADV. SRI.E.NARAYANAN RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. P.T.ABDULLA HAJI, S/O.KUNHALI, AGE NOT KNOWN, PARATHODI HOUSE, ANAKKAYAM, MANJERI. 2. THE ORIENTAL INSURANCE COMPANY LTD., JASEELA COMPLEX, NILAMBUR ROAD, MANJERI. R2 BY ADV. SMT.A.SREEKALA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.909 OF 2010 ............................................. Dated this the 4th day of August, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1313/1999. A lady aged 30 years sustained mutilated crush injury on the right hand and she was an inpatient in a hospital for 30 days. It is seen that the lady has been referred to a medical board, but due to the fault of one or the other it did not materialise and the court could not obtain certificate of the medical board. There is also some negligence on the part of the claimant that she did not attend the court properly as well. But considering the nature of the injury, there is every possibility of some disability and therefore it has to be ascertained. The first respondent is reported to be dead and therefore the claimant can take steps from the trial court to implead his legal representatives as well. 2. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to it to refer the claimant to a medical board for : 2 : M.A.C.A.NO.909 OF 2010 assessing the disability and then permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and decide the matter in accordance with law. At any rate, the claimant will not be entitled to any interest between the period 7.1.2008 and 9.4.2010. The claimant is also directed to implead the legal representatives of the owner for a proper disposal of the matter. Parties are directed to appear before the Tribunal on 17.9.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.909 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T