IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 1675 of 2004() ----------------------- OPMV.1071/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER: -------------------------------------- GEORGE, S/O. SEBASTIAN, THEKKEKUTTU HOUSE, ATTAPPALLAM P.O., KUMILY, IDUKKI DISTRICT. BY ADV. SRI.P.C.CHACKO SRI.ASHA CHACKO RESPONDENTS/ RESPONDENTS: ---------------------------------------------- 1. K.BABU, THARAYILLSSERIL HOUSE, ELAPPARA P.O., IDUKKI DISTRICT. 2. TOMY ANTONY, KEEPPURATHU HOUSE, THONITHADY, AYYAPPANCOIL P.O., IDUKKI DISTRICT. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., EDAPPALLY P.O.,COCHIN. BY ADV. SRI.N.SUBRAMANIAM - R1 SRI.M.S.NARAYANAN - R1 SRI.M.JACOB MURICKAN- R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1675 OF 2004 ===================== Dated this the 8th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)No.1071 of 2002. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.20,150/-. It is against that decision the present appeal is filed. 2. During the pendency of the appeal, the claimant has filed application for amendment of the claim as well as a petition to receive the documents. The amendment is for enhancing the claim and the document produced is to establish that on account of the accident, he had sustained a permanent disability of 12%. It is only a copy of the disability certificate that is produced before this Court on which this Court cannot rely upon. It is submitted that the original of the document has been produced before the Tribunal, but unfortunately it has not been marked and the claimant was not in a position to adduce any oral evidence either. If really there is disability for the claimant and he is entitled for enhancement a chance has to be given MACA 1675/2004 -:2:- for the same. Therefore I give him an opportunity. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration and if any amendment application is filed, let it be considered on merits after hearing the counsel for the insurance company. Both parties are permitted to produce documentary as well as oral evidence in support of their respective contentions. Parties are directed to appear before the Tribunal on 18.8.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-