IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 MACA.No. 2456 of 2009(A) ----------------------- OPMV.601/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ------------------------ KUNJAPPAN,S/O.KURUMPUN, KELAYANTHARA HOUSE,KULATHERY DESOM,KUNDOOR. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): RESPONDENTS -------------------------- 1. JAMES N.A., MALIEKKAL HOUSE,KUNDOOR P.O. 2. JOHNSON,S/O.VAREED, ERETH HOUSE,KUNDOOR P.O. 3. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., KODUNGALLUR. ADV. SRI.BABU S. NAIR FOR R1&2 SMT.VRINDA PAUL FOR R1&2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2456 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of November, 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)601/04. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.34,100/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as respondents 1 and 2. Learned counsel for the appellant very strongly contends before me that the claimant had sustained disability and has produced the disability certificate but omitted to mark at the first instance and later filed an application for reopening and receiving the document but unfortunately it was dismissed and that has resulted in miscarriage of justice. M.A.C.A. 2456 OF 2009 -:2:- 3. Learned counsel had made available before me for perusal a copy of the said certificate which shows that the claimant had sustained a fracture on the lateral malleolus which had resulted in partial ankylosis and partial loss of calcaneal bone. The Doctor has stated that functionally he has difficulty in squatting, running fast, climbing stairs etc. He has assessed the disability at 8%. Since the document is not marked and evidence is not adduced it may not be proper for this Court at this stage to guess disability and pass orders. Interest of justice requires an opportunity to be given to the claimant. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the Tribunal to permit the claimant to adduce evidence in support of the disability certificate produced by him and then dispose of the matter in accordance with law. 4. It is made clear that the parties are also entitled to adduce evidence in support of their respective contentions. Since nobody has appeared for the insurance M.A.C.A. 2456 OF 2009 -:3:- company here I direct the claimant to give notice to the counsel who had appeared in the lower Court before disposal of the matter. Parties are directed to appear before the Tribunal on 19.12.2009. M.N. KRISHNAN, JUDGE. ul/-