IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 MACA.No.2109 of 2006 (A) -------------------------------- OP (MV).1705/2000 of ADDL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER ------------------------------ N.C.RAJ, AGED 33 YEARS, S/O.A.N.NARAYANA PANICKER, LAKSHMI BHAVAN, THAKAZHI, ALAPPUZHA DISTRICT. BY ADV. SRI.ABRAHAM VAKKANAL (SR.) SRI.PAUL ABRAHAM VAKKANAL SRI.ARUL KUMAR.P RESPONDENTS/RESPONDENTS: ------------------------------------ 1. PRASANTHAN, AMBALATHARA, VANDANAM P.O., AMBALAPPUZHA, ALAPPUZHA DISTRICT. 2. NATIONAL INSURANCE COMPANY LTD., ALAPPUZHA BRANCH REPRESENTED BY ITS MANAGER. ADV. SRI.MATHEWS JACOB (SR.) FOR R.2 SRI.P.JACOB MATHEW THIS MOTOR ACCIDENTS CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A No.2109 of 2006 ------------------------------------------------ Dated this the 22nd day of September, 2008 JUDGMENT Koshy, J Appellant/claimant sustained injuries in a motor accident on 29/08/1999. Tribunal awarded a total compensation of Rs.1,51,000/- with interest. This appeal is filed for enhancement of compensation. It is the case of the petitioner that he sustained injuries at the age of 26. He was employed in Indian Navy as a petty officer. Because of the accident, he was categorised in the low medical category. But he continued in the Indian Navy till the end of the contract period that is for about nine years after the accident. He was continuing to get the income. But according to him, because of the injuries, his contract was M. A. C. A No.2109 of 2006 -2- not renewed. It was further contended that his disability was subsequently assessed by the Medical Board and he produced various documents as Annexure-A1 to A17. These documents have to be proved before the Tribunal. The effect of the documents has also to be considered by the Tribunal as on the production of documents which are not proved, we cannot enhance compensation. In this circumstance, we remand the matter to the Tribunal. Both parties are allowed to adduce further evidence on the subject. Parties may appear before the Tribunal on 17/11/2008. In the meanwhile, since the appeal is filed only for enhancement of compensation, the entire deposited amount be disbursed to the claimant. This appeal is allowed by way of remand. The M. A. C. A No.2109 of 2006 -3- Registry is directed to forward all documents filed before this Court to the Tribunal as expeditiously as possible. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-