IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 1542 of 2008() ----------------------- OPMV.1623/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S)/ PETITIONER: --------------------------------------- SAJAL, AGE 19 YEARS, D.O.B 9-6-1989 S/O.MOHAMMED, AREEKARA HOUSE, AVILORA POST, KODUVALLY, KOZHIKODE. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S)/ RESPONDENT NO.2: ------------------------------- THE NEW INDIA ASSURANCE CO. LTD. CHEROOTTY ROAD, KOZHIKODE. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1542 OF 2008 --------------------------------- Dated this the 10th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.1623/2002. The claimant, aged 13 years at the time of the accident, sustained a fracture on the index finger at PIP joint level. The Tribunal awarded a compensation of Rs. 6,000/-. The learned counsel for the appellant submitted that there is disability for the boy and therefore I directed the boy to be produced before the court. On seeing the finger of the boy with the naked eye there appears to be some difficulty for the boy to straighten the finger and it is a matter which may affects the power to grip an object, if it is true. He is hardly about 19 years old now and he has got a long innings to play. But it is always desirable to have an expert evidence in these type of matters and if really there is problem for the boy, he is to be adequately compensated as well. Therefore I set aside the award directing the Tribunal to refer him to a medical board which must consist of an Orthopedics expert and thereafter permit both parties to adduce evidence and then fix the M.A.C.A.No. 1542 OF 2008 -2- compensation in accordance with law. Since there is an order directing permission to recover the amount that also shall continue even if fresh compensation is fixed but it is desirable that the claimant take out notice to the owner and driver so that they can also be heard on the question of enhancement. If they are able to prove that there is no breach of policy condition it is for the court to decide the same. The matter shall be disposed of within three months from the date of first appearance of the parties before the court. Parties are directed to appear before the Court on 20.12.2008. M.N. KRISHNAN, JUDGE vkm