IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 MACA.No. 160 of 2008(D) ------------------------------- OPMV.1160/2000 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP(MV) : --------------------------------------------------- M. BALAKRISHNAN, S/O. MOTTAYAN, AGED 52 YEARS, NAMBIYATTIL HOUSE, ERANHIPALAM POST, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENT IN THE OP(MV) : --------------------------------------------------------- 1. IMBICHIKOYA THANGAL, S/O. ABDULLAKOYA THANGAL, OTTAKATH HOUSE, MONGAM POST, MALAPPURAM. 2. THE UNITED INDIA INSURANCE CO. LTD., WHITE LINE BUILDING, KALLAI ROAD, KOZHIKODE. ADV. SMT.T.C.SOWMIAVATHY - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 160 OF 2008 --------------------- Dated this the 24th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 1160/00. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.5,000/-. The real dispute is whether the claimant had sustained fracture on the leg on account of the accident. The Tribunal was not happy with the note book produced and had also opined that it has not been proved in spite of opportunity. If really such a fracture has been sustained on account of the accident, it is desirable that an opportunity is given to the claimant so as to prove the document or that summons can be issued to produce the medical records from the Medical College Hospital itself in order to conclude the issue. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The appellant as well as the Insurance Company is permitted to adduce documentary as well as oral evidence in support of their respective contentions. The Tribunal shall thereafter dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 11.12.08. M.N.KRISHNAN, JUDGE vps 2