IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 MACA.No. 2794 of 2008(G) ------------------------------- OPMV.1577/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): /PETITIONER IN OP (MV). ---------------------------------------------- JOHNY, S/O.CHERIANKUTTY, PALATTY KOONATHAN HOUS, MURIKKUNGAL POST, AND DESOM, CELLIKULANGARA VILAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S):/RESPONDENTS 2 TO 4 IN OPMV. ------------------------------------------------------ 1. MANOJ, S/O.MANI, MANIANKARA HOUSE, CHEMBOOCHIRA P.O., MATTATHUR VILLAGE. 2. UNITED INDIA INSURANCE COMPANY LTD, ALENGADAN BUILDINGS, TANA, IRINJALAKUDA. 3. V.N.DEVADASAN, ELUTHEDATH HOUSE, KALLUR P.O. ADV. SMT.P.K.SANTHAMMA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2794 OF 2008 = = = = = = = = = = = = = = = Dated this the 23rd day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1577/03. The claimant, a 30 year old man, sustained very grievous injuries in a road accident and the Tribunal awarded him a compensation of Rs.94,300/- and dissatisfied with the same he has come up in appeal. 2. Learned counsel for the appellant submits before me this is a case where the claimant had lost sight of one eye and it was for reasons beyond his control, he was unable to claim a higher compensation at that stage and really the claimant is entitled to a compensation of at least 5 lakhs and therefore for the said purpose he has filed an application for amendment before the Tribunal. The fact that there is some defect for his eye is seen by the Tribunal as well. I do not want to dwell deep into the factum of that for the reason if the amendment application is allowed the matter requires M.A.C.A. 2794 OF 2008 -:2:- further consideration and unless one is able to satisfy with medical evidence a Court of law may not be able to consider regarding the real loss of eye sight. Therefore I set aside the award passed by the Tribunal and permit the claimant to move an application for amendment with due notice to all concerned and the Court can consider the amendment application and dispose it of in accordance with law and thereafter proceed to determine compensation in accordance with law. For that purpose let the parties be permitted to produce documentary as well as oral evidence in support of their respective contentions. They are directed to appear before the Tribunal on 2.12.2009. If any amount is withdrawn let it be given credit to in this case. M.N. KRISHNAN, JUDGE. ul/-