IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 MACA.No. 1700 of 2009() ----------------------------------- OPMV.955/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ K.PADMINI, AGED 55 YEARS, W/O.CHANDRAN NAIR, RESIDING AT KORAMANGALAM HOUSE, P.O.POOVATTUPARAMBA, KOZHIKODE. BY ADV. MR.V.S.CHANDRASEKHARAN RESPONDENT(S): RESPONDENTS -------------------------- 1. ABDUL KALAM, AGE NOT KNOWN, RESIDING AT 11/244,BAITHUL-AHAMMED HOUSE, POOLAKKAL PARAMBA, P.O.BAYPORE, KOZHIKODE. 2. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, II, P.B.NO.192, SEEMA TOWERS, MAVOOR ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1700 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)955/05. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.8,500/-. It is unfortunate that the Tribunal has not considered the materials even available before it to arrive at a conclusion. The wound certificate would reveal that she had sustained a lacerated wound of 5 x 2 cm bone deep on the scalp besides fracture on the third metatarsal. The wound certificate also reveals haematoma on the lateral aspects. It is true that the subsequent documents are not seen produced before the Tribunal. Whatever it is a 55 year old lady has suffered and had undergone inpatient treatment in the hospital for about 6 days and the matter has not been considered in the proper perspective by the Tribunal. Therefore I set aside the award and remand the case back to the Tribunal for fresh M.A.C.A. 1700 OF 2009 -:2:- consideration with a direction to the appellant to produce documentary as well as oral evidence in support of her contentions for assessing a proper compensation. Let notice be given to the insurance company after it enters appearance before the Tribunal. Parties are directed to appear before the Tribunal on 4.3.2010. M.N. KRISHNAN, JUDGE. ul/-