IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 M.A.C.A. No. 1432 of 2004(B) ----------------------- O.P.(M.V).115/2002 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: --------------------- MUBASHIRA, MINOR, 10 YEARS, REPRESENTED BY GUARDIAN MOTHER, EDAKANDATHIL KADEEJA, W/O.KOYAMU, EDAKKANDATHIL HOUSE, PARAPOOR AMSOM. BY ADV. SRI.K.P.MUJEEB RESPONDENTS/ RESPONDENTS: ------------------------- 1. ABDUL LATHEEF, S/O.ALAVI, PONNOTH VEEDU, KODUR AMSOM, P.O.KODUR(DRIVER). 2. HASSAN HAJI, CHALILAKATH VEEDU, TIRURANGADI, AMSOM P.O.(OWNER). 3. NEW INDIA ASSURANCE CO. LTD., MALAPPURAM . BY ADV. SRI.M.RAJAGOPALAN - R3 SRI.RAJIT - R3 SRI.P.V.KUNHIKRISHNAN - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1432 OF 2004 --------------------- Dated this the 8th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 115/02. A young girl aged 10 years sustained injuries in a motor vehicle accident. A reference to the memorandum of appeal would show that she had a fracture of the lateral malloleous, fracture of the medial malloleous, abrasions and injuries on other parts of the body. She was admitted in the KPM Hospital, Malappuram, and she was discharged from there on 7.4.99. On that day itself she was again admitted in the Al Shifa Hospital, Perunthalmanna, where she continued treatment as an inpatient till 12.4.99. The Tribunal awarded a compensation of Rs.13,000/-. Unfortunately, the Tribunal has not considered any materials in arriving at a decision regarding the compensation. If the young girl has any problem then really she is entitled to be compensated. But unfortunately nothing is seen from the award nor the document produced before this court at this stage to understand the nature of injuries. Therefore the only remedy for MACA No.1432/04 2 this court is to set aside the award and remand the case back to the Tribunal for fresh consideration. Therefore, I set aside the award passed by the Tribunal and permit the appellant to produce documentary as well as oral evidence to substantiate her contention regarding the actual injury sustained by her and thereafter the Tribunal shall consider and pass appropriate orders. Since the accident and policy is admitted, the Insurance Company need be given notice and the matter be disposed of in accordance with law. The Insurance Company as well as the claimant are directed to appear before the Tribunal on 18.8.08. M.N.KRISHNAN, JUDGE vps MACA No.1432/04 3