IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 MACA.No. 3086 of 2008() ----------------------- OPMV.2119/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITONER IN OPMV: --------------------------------------------------------- BALAKRISHNAN NAIR, S/O.(LATE) KUTTAN NAIR, AGED 76 YEARS, RESIDING AT VAZHAPPADATHIL HOUSE, P.O.KUMARANALLOOR, KARAMOOLA, MOOKKAM, KOZHIKODE. BY ADVS. SMT.LATHA PRABHAKARAN, MR.K.M.JAMALUDHEEN. RESPONDENT(S): RESPONDENTS IN OP(MV): -------------------------------------------------------------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. 2. K.J.JOSE, S/O.JOSEPH, AGED 44 YEARS, RESIDING AT KOLLIYIL HOUSE, P.O.KARAKAMALA, MANANTHAVADY. R1 BY ADV. MR.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.3086 OF 2008 ............................................. Dated this the 19th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2119/2003. The claimant, a 71 year old man has been granted a compensation of Rs.7,000/= and it is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the counsel for KSRTC. The learned counsel for the appellant would contend before me that the claimant had sustained a serious fracture to trochanter and tenderness on lip. He was an inpatient in a hospital for 11 days and had undergone a surgery. But the tribunal was not convinced with the documents available. If really a person has sustained fracture to trochanter at the age of 71, certainly it would cause him problems and therefore the matter requires reconsideration. 3. Therefore I set aside the award and remit the case back to the tribunal with a direction to permit both the : 2 : M.A.C.A.No.3086 OF 2008 parties to adduce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the tribunal on 24.4.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.3086 OF 2008