IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MACA.No. 1135 of 2005() ----------------------- OPMV.6/1998 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER ------------------------------------- PREJUSHA PREMAN @ PRATHUSHA, (MINOR), AGED 17 YEARS, REP. BY NEXT FRIEND FATHER K.V.M.PREMAN, VARAYATHIL HOUSE, P.O.POOKODE, PATTIAM AMSOM, POOKODE DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: ------------- M/S.UNITED INDIA INSURANCE CO.LTD., JUBILLE SHOPPING COMPLEX, TELLICHERRY. BY ADV. SRI.M.S.PATTALI FOR R1 SRI.K.J.KURIACHAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.1135 of 2005 .................................................................... Dated this the 24th day of June, 2008. JUDGMENT Ramachandran Nair, J. Appeal is against quantum of compensation awarded by the MACT to the appellant. Accident occurred 12 years back when appellant was only of 10 years age. The appellant sustained major injury on her left hand. Counsel for the appellant produced photograph which shows extensive muscular ruptures. The main grievance of the appellant is that the compensation awarded for future treatment is very low. Further, disability allowed is only 10% as against 40% claimed by the appellant. The appellant has produced some documents in court which show that she underwent plastic surgery for repair of her injured hand. Cost already incurred is stated to be around Rs.1.5 lakhs. Further, appellant has obtained certificate of disability from the Medical Board certifying disability at 40%. We feel this is a fit case where the MACT should reconsider the matter with reference to subsequent happenings such as treatment, evidence obtained for the same and the certificate of disability given by the Medical Board. We, therefore, set aside the impugned award 2 with direction to the MACT, Thalassery to restore O.P.(M.V.) No.6/1998 on file, permit the appellant to adduce additional evidence and decide the matter after giving opportunity to the respondents also. The Insurance Company is also free to adduce evidence in the matter. The MACT is directed to dispose of the matter afresh after giving opportunity to the parties, within a period of six months from the date of production of copy of this judgment by either party. As and when fresh award is passed, the amount already remitted will be adjusted and balance only will be paid to the appellant. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms