IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 RP.No. 1040 of 2008() --------------------- AGAINST THE JUDGEMENT IN MACA.426/2004 Dated 29/08/2008 OPMV.1222/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... REVIEW PETITIONER/ APPELLANT ------------------------------- DAMODHARAN, AGED 73 YEARS, S/O.KARUMBAN, KOCHUKALAMBATTUSSERIL HOUSE, PULIYANMALA KARA, VANDEMEDU VILLAGE. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS/ RESPONDENTS -------------------------- 1. BIJU KURIAKOSE, KUKALACKAL HOUSE, NEAR HILL PALACE, THRIPUNITHURA. 2. RAJENDRAN, KUNNAPPILLY HOUSE, THIRUVANKULAM VILLAGE. 3. UNITED INDIAN INSURANCE COMPANY LIMITED, BRANCH-ALUVA. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- R.P.No. 1040 OF 2008 --------------------------------- Dated this the 13th day of November, 2008 ORDER This review petition is preferred to review the judgment in M.A.C.A. 426/04 dated 29.8.08 of this Court. The said appeal was preferred against the award of the Motor Accident Claims Tribunal, Ernakulam in O.P.(MV) No. 1222/97. On the basis of the materials then produced, this Court did not interfere with the award passed by the Tribunal. Along with the review application an avernment is made that the Court below did not consider about the comminuted fracture of the lower pole of the patella. I find from the award also that, this Certificate has been exhibited as Exhibit A5. There is no much discussion about the Certificate in the award. But to satisfy my conscience, I had perused the wound certificate as well as the certificate issued by the doctor. There are two injuries on the left knee which were lacerated. Most probably that knee would have been fractured in the accident which would have been revealed only on subsequent investigation. Regarding the injury sustained in the accident, the Tribunal is expected to consider that also and pass appropriate award. Needless to say sufficient materials should be R.P.No. 1040/2008 -2- furnished to prove the injury sustained in the accident. If it is proved the claimant will be entitled to additional compensation. Review Petition is allowed and the judgment passed by me on 29.8.08 is reviewed and the M.A.C.A is allowed by setting aside the award of the Tribunal and the matter is remitted back to the Tribunal for fresh consideration in the light of the discussions made in this order. Both the parties are permitted to produce documentary as well as oral evidence in support of their respective contentions and then the matter be disposed of in accordance with law. Parties are directed to appear before the court below on 27.12.2008. M.N. KRISHNAN,JUDGE vkm