IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 MACA.No. 1550 of 2009(E) ------------------------------------ OPMV.3211/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ------------------------------------- SREE HARI KRISHNA LAL @ KRISHNA LAL, S/O.BABU, AGED 16 YEARS, REP. BY GUARDIAN & FATHER E.G.BABU, S/O.GOVINDAN, EDASSERY HOUSE, VADAKKUMMURY DESOM, VADANAPPILLY VILLAGE, THRISSUR. BY ADV. MR.DILIP J. AKKARA. RESPONDENTS: ------------------------ 1. SUJU, S/O.SEBASTIAN, KAVUNGAL HOUSE, ICHAKUNDU DESOM, MUPLIAM VILLAGE, INCHAKUNDU P.O., THRISSUR. 2. N.K.SUNIL, S/O.KOCHAPPU, NELLIPARAMBIL HOUSE, VARANDARAPPILLY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. 3. DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., REP. BY DIVISIONAL MANAGER, DIVISIONAL OFFICE, THRISSUR-680 121. R3 BY ADV. MR.V.P.K.PANICKER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1550 OF 2009 ............................................. Dated this the 14th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Thrissur in OP(MV)No.3211/2002. The claimant, a minor boy, aged 9 years, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.36,750/= with 7% interest. Dissatisfied with the quantum, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. It is the contention of the claimant that subsequent to the letting of evidence, the boy who had sustained blunt injury to abdomen had undergone a surgery and therefore, he moved an application, I.A.No.7439/2008, for re-opening the evidence and as the said application was not taken up, the petitioner moved another application, IA.No.7624/2008, for the advance hearing. According to him, the court passed an award and thereafter dismissed the application as highly belated. 3. I feel such an approach is not proper at all and even there is a delay since it was occasioned on account of : 2 : M.A.C.A.No.1550 OF 2009 subsequent development, after adducing of the evidence, the court should have given an opportunity. Therefore I set aside the award and remit the case the back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions. I set aside the order in I.A.No.7439/2008 and reopen the evidence for that purpose. The court shall dispose of the matter after the parties adduce evidence. The parties are directed to appear before the Tribunal on 18.01.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1550 OF 2009