IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 MACA.No. 1787 of 2010() ----------------------------------- OPMV.827/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ----------------------------------------- K.AYISHABI, W/O.MUHAMMED KOYA, AGED 52 YEARS, OTTAKKANDATHIL HOUSE, THANEERPANTHAL, VENGERI POST, KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENT(S): --------------------------- 1. MOIDEENKOYA, S/O.MARAKHAR, AGE NOT KNOWN, RESIDING AT 14/500, PANDARAPARAMBATH HOUSE, PERUVAYAL POST, KOZHIKODE. 2. K.ABDUL RAHIMAN, S/O.MAMMATHAN, (2ND RESPONDENT DELETED AS PER ORDER IN I.A.2720/2009, DTD.09/07/2009). 3. THE NEW INDIA ASSURNACE CO. LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING, I.G.ROAD, MAVOOR ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1787 OF 2010 ............................................. Dated this the 3rd day of November, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MVNo.827/2007. The claimant, a lady, sustained injuries in a road accident and the Tribunal has awarded her a compensation of Rs.15,232/= and it is against that decision she has come up in appeal for enhancement. 2. Heard. A perusal of the wound certificate made available would show that she had a minimal wedge compressed fracture of T 11 vertebra. Wedge fracture is a fracture of vertebral structures with anterior compression. 3. Normally when one sustains fracture of the vertebra, there will be difficulty for that person and it may take a longer time to come back to normalousy. In some cases it can cause disability as well. 4. It is submitted that the claimant has moved an application for reference to a medical board but it was dismissed by the court. But unfortunately the claimant also : 2 : M.A.C.A.NO.1787 OF 2010 has not herself examined or any medical evidence is tendered to show about actual position of the injury. Therefore, I feel it is desirable that an opportunity be given and the claimant to be referred to a medical board so as to assess the disability, if any, and to compensate her properly. 5. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to refer the claimant to a medical board for examination and thereafter permit both the parties to adduce both oral and documentary evidence in support of their respective contentions and to dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 15.12.2010. The claimant is also directed to take steps to all the respondents after she enters appearance before the Tribunal. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1787 OF 2010 : 4 : M.A.C.A.NO.1787 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of October, 2010. J U D G M E N T