IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 MACA.No. 2397 of 2009() ----------------------------------- OPMV.623/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/2ND RESPONDENT --------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, THIRUVANANTHAPURAM, NOW REP.BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY MR.MATHEWS JACOB, SENIOR ADVOCATE, ADV. MR.JACOB MATHEW. RESPONDENTS/PETITIONER AND 1ST RESPONDENT ----------------------------------------------------------------------------- 1. BOBAN, S/O.THANKAYYAN, KULAVUPARA, THADATHUVILAKATH VEEDU, PANNYODE PO, KATTAKADA, NEYYATTINKARA TALUK. 2. SHARAFUDEEN, VARUVILAKATHU HOUSE, BALARAMAPURAM PO, NEYYATTINKARA. R1 BY ADV. MR.R.GOPAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 2397 of 2009 ORDER ON I.A. NO.2811/2009 IN MACA NO.2397/2009. DISMISSED 03/02/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2397 OF 2009 ............................................. Dated this the 3rd day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Neyyattinkara in OP(MV)No.623/2003. The claimant herein was a rider of a bike and on account of his negligent driving, it is alleged that, he had knocked down pedestrians resulting in injuries to them. A pedestrian and pillion rider of the vehicle have moved applications for compensation under Section 166 of the Motor Vehicles Act and the rider of the bike had moved an application under Section 163 A of the Motor Vehicles Act. But the questions that may have to be considered are whether a person is entitled to file an application under Section 163 A and get compensation 2. I find from the pleadings that the amount claimed as income is Rs.4,000/=. It has not been amended. The Tribunal has taken it as Rs.2,000/= and thus the amount has been brought down below Rs.40,000/= so as to maintain a petition under Section 163 A. Secondly the applicant was : 2 : M.A.C.A.No.2397 OF 2009 riding the bike and he had hit on the pedestrians. Whether it is a self accident or not and what will be the impact are still pending consideration before a Larger Bench of this Court and lastly to crown all these things, the Tribunal of its own fixes the permanent disability and proceeds to grant the compensation. I think the Tribunal has forgotten the principles to be followed in a petition under Section 163 of the Motor Vehicles Act. Even if power is there to fix the income at Rs.2,000/= and proceed, even then the material point would be that of permanent disability. Section 163 A relates to permanent disability referred to in the Workmen's Compensation Act. It is absolutely necessary to have a medical evidence regarding the disability. 3. Therefore the award under challenge has to be set aside and it has to go back for a fresh trial. I direct and permit the insurance company to move an application before the court below to refer the claimant to a medical board to find out whether he has got any disability as contemplated under the provisions of Section 163 A in order to entitle him to claim compensation. The other matters which I have : 3 : M.A.C.A.No.2397 OF 2009 referred to also be decided in accordance with law on the date of deciding the matter. Parties are directed to appear before the Tribunal on 03.03.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2397 OF 2009