IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 MACA.No. 2903 of 2008() ------------------------------------ OPMV.3300/2002 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER -------------------------------------- SAJUDDEEN, AGED 26 YEARS, SON OF UMMER KOYA, RESIDING AT GREEN LAND HOUSE, ARAYAN THOPPU, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM, SMT.KOCHUMOL KODUVATH. RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. V. SHAMIL, SON OF ABOOBACKER KOYA, KAPIL HOUSE, NO.21/731, CHAKUM KADAVU, KOZHIKODE - 3. 2. SWAROOP K.C., VIMLA NIVAS, MANDADY PARAMBA, FLORICAN HILL ROAD, P.O.KARAPARMBA, KOZHIKODE. 3. THE NEW INDIA ASSURANCE CO.LTD., TRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE. R1 & R2 BY SMT.SUMADHI DANDAPANI, SENIOR ADVOCATE, ADV. SRI.MILLU DANDAPANI. R3 BY ADV. SMT.P.K.SANTHAMMA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 2903 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of June, 2010 JUDGMENT Basheer, J. Appellant claimed a sum of Rs.7,00,000/- (Rupees seven lakhs) towards compensation for the various injuries sustained by him in a motor accident that occurred on December 26, 2001. He got himself examined before the Tribunal as PW1 and Exts.A1 to A13 (series) were marked on his side. Respondent No.3, Insurance Company, produced Ext.B1 policy and contended that the appellant being a gratuitous passenger, he was not entitled to be compensated by it. The Tribunal, after considering the materials available on record, passed an award for a sum of Rs.55,655/-. The above award is under challenge in this appeal. 2.When this appeal came up for consideration on the last occasion, we had called for the lower court records. On MACA 2903/2008 2 perusal of the same, we are satisfied that the impugned award is liable to be set aside for reasons more than one. 3. A perusal of Ext.A2 to A12 medical records will undoubtedly show that the appellant had suffered very serious injuries and had undergone prolonged treatment in various hospitals. But, unfortunately, the Tribunal made a very casual approach to the entire issue and referred to some of the injuries suffered by the appellant in a cursory manner. 4. Learned counsel for the appellant points out that the medical bills produced by the appellant will come to Rs.1,50,000/-. But the Tribunal is seen to have awarded only a sum of Rs.36,665/-. No reasons have been stated by the Tribunal as to why such a drastic reduction was made. As regards the amount allegedly spent by the appellant for his treatment, the Tribunal did not even make any attempt to assess the quantum with reference to the gravity of the injuries. We do not propose to make any further comment on the manner in which the claim petition was disposed of MACA 2903/2008 3 by the Tribunal. Suffice it to say that the Tribunal was not at all justified in taking such a casual approach. 5. Having regard to the entire facts and circumstances, we are of the view that the appellant has to be referred to a Medical Board attached to the Medical College Hospital, Kozhikode. The Tribunal shall do so. 6. Learned senior counsel, who appears for respondent Nos.1 and 2, points out that the contention that the Insurance Company is not liable to indemnify the owner of the vehicle cannot be sustained, since the policy in question was a package policy. Learned counsel for the Insurance Company admits that the policy was a “Package Policy”. Any how, this issue can also be considered by the Tribunal. 7. Therefore, the award is set aside and the matter is remitted to the Tribunal for fresh consideration, in accordance with law. The tribunal shall dispose of the case as expeditiously as possible, at any rate within three months from the date of receipt of copy of this judgment, after MACA 2903/2008 4 giving sufficient opportunities to the parties to adduce further evidence. The parties shall appear before the Tribunal on July 7, 2010. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.