IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 MACA.No. 2093 of 2006() ----------------------- OPMV.184/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER ---------------------------------- GOPAKUMAR, S/O.RAJAPPAN, KAKKADANPALLI, ANAPURAMBAL, VADDAKKUM MURI, THALAVADI PANCHAYATH. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS --------------- 1. D.LIVINGSTONE, ROHINI GARDEN, T.C.4/2169, MARAPPALAM JUNCTION, PATTOM, THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., THIRUVANANTHAPURAM, CITY BRANCH. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. * * * * * * * * * * * * * M.A.C.A.No.2093 of 2006 ---------------------------------------- Dated this the 4th day of November 2011 J U D G M E N T R.BASANT,J This appeal is preferred by the claimant, a young man who was a minor on the date of the accident. The accident took place on 11/08/1996. The tribunal, by the impugned award, directed payment of only an amount of Rs.25,000/-. According to the learned counsel for the appellant, the matter was posted not for evidence but for settlement on 14/07/2000. On that day, the appellant and counsel were not present. Insurance Company offered to pay an amount of Rs.25,000/- and in the absence of appellant and his counsel, the tribunal proceeded to issue directions to pay the said amount of Rs.25,000/-. No documents are produced before the tribunal. The learned counsel for the appellant submits that the compensation awarded is grossly insufficient. The appellant was a second Pre-degree student on the date of the accident. He had suffered fracture of the tibia and fibula. He had undergone three spells of hospitalisation. He had to undergo two operations. He had lost one academic year M.A.C.A.No.2093 of 2006 2 of education. He has allegedly suffered permanent disability also. 2. According to the learned counsel for the appellant, even though the relevant documents were not produced in the O.P(M.V), along with application for review the relevant documents were all produced. 3. The learned counsel for the appellant only submits that considering the peculiar facts and circumstances of this case, the appellant may be given an opportunity by remand of the matter to the tribunal for fresh disposal. The appellant may be granted opportunity to adduce all relevant evidence before the tribunal, submits the counsel. 4. Having anxiously considered all the relevant circumstances, we are persuaded to agree that such course suggested by the learned counsel for the appellant shall cater to the ends of justice ideally. Notwithstanding the fact that the incident in this case had taken place long earlier on 11/8/1996, we are persuaded to accept the request of the learned counsel for the appellant. 5. In the result, a) This appeal is allowed in part. M.A.C.A.No.2093 of 2006 3 b) The impugned award is set aside and the tribunal is directed to dispose of O.P.(M.V.) No.184/1997 afresh in accordance with law. c) Parties are directed to appear before the tribunal on 15/12/2011. The tribunal shall dispose of the matter afresh as expeditiously thereafter - at any rate, within a period of three months from that date. No fresh notice need be issued to the parties by the tribunal. The parties shall be permitted to adduce all relevant evidence as may be necessary. d) Compliance of the direction regarding fresh disposal shall be reported to this Court. 6. Hand over copy of this judgment to the learned counsel for the appellant for production before the tribunal when the appellant appears before the tribunal on 15/12/2011. The Registry shall also communicate the judgment forthwith to the tribunal. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) jsr // True Copy// PA to Judge M.A.C.A.No.2093 of 2006 4 M.A.C.A.No.2093 of 2006 5 M.A.C.A.No.2093 of 2006 6 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010