IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 MACA.No. 2816 of 2009(A) ----------------------- OPMV.554/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT(S): 2ND RESPONDENT --------------------------------------- THE ORIENTAL INSURANCE CO. LTD. KANNUR REPRESENTED BY ITS ASSISTANT MANAGER REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT ---------------------------------- MARTIN.M.R. S/O. RAPHAEL MANNAMURYHOUSE, MUPPATHADOM.P.O., KADUNGALLUR VILLAGE, PARAVUR TALUK, ERNAKULAM DIST ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) FOR R SRI.N.T.NANDAKUMAR (PARAVUR) FOR R THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2816 OF 2009 = = = = = = = = = = = = = = = Dated this the 15th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)554/04. The claimant who had sustained a fracture on the upper end of the right tibia is assessed 7% disability by the Tribunal and the compensation is calculated. Assessment of disability without the help of a disability certificate under ordinary circumstances is a very hazardous task which a Court cannot afford to take. If the Court feels a person is having disability, the Court has got the power under the provisions of the M.V.Act to refer that person to a Medical Board and obtain a report or certificate as the case may be and after hearing the parties concerned can award compensation. There are cases where disability certificates are produced and the Courts are in the habit of decreasing or increasing the disability and calculate the compensation. In such cases there are at least some materials before the Tribunal given M.A.C.A. 2816 OF 2009 -:2:- by an expert which can be gone into and without those materials it is not proper for the Tribunal to assess the disability correctly. I make it very clear that I am not making any observation to the effect that there is no disability at all for the petitioner herein. So the methodology now is to remit the case back to the Tribunal and refer him to a Medical Board with an expert Orthopedic specialist, get certificate and then decide the matter in accordance with law. The insurance company also has the risk of paying higher compensation if the disability assessed is high. Since the matter is going back let there be a determination of the compensation afresh in accordance with law. For that purpose parties are permitted to produce both documentary as well as oral evidence in support of their respective contentions. The Tribunal on appearance of the party is directed to refer him to a Medical Board and then proceed in accordance with law. Parties are directed to appear before the Tribunal on 23.4.2010. M.N. KRISHNAN, JUDGE. ul/-