IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 MACA.No. 1181 of 2010(C) ------------------------------- OPMV.996/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER --------------------------------- SAJAH @ SAJAD, S/O. ABDUL KHADER, KUZHIKANDATHIL HOUSE, VALLIVATTAM DESOM, VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENTS --------------------------------------- 1. SUNILA KUMARI C.K., D/O. KOMATH KRISHNAN, SUNILALAYAM, VALIYANNOOR, VARAM P.O., KANNUR DISTRICT. 2. ROHITH, S/O. VIJAYAN, IRIPPAKOTTIL HOUSE, IN FRONT OF KVR HIGH SCHOOL, SHORNUR. 3. THE MANAGER, NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, P.B.NO.40, BANK ROAD, OPP. SAFIRE TOURIST HOME, KANNUR. ADV.SRI. K.C. SANTHOSH KUMAR. SRI.GRASHIOUS KURIAKOSE FOR R1 SRI.P.BHARATHAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1181 OF 2010 = = = = = = = = = = = = = = = Dated this the 16th day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)996/06. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.19,600/- with 7% interest. Dissatisfied with the same the claimant has come up in appeal for enhancement. 2. Perused the award. The award would reveal that the claimant was admitted in a hospital for 5 days with a deep contaminated lacerated wound on the right leg and pubic symphyseal diastasis. A disability certificate was produced wherein the doctor fixed the permanent disability at 14% but the Tribunal did not accept the same and therefore it did not grant any compensation for permanent disability. 3. It is averred in the appeal memorandum that it is a usual practice of the Tribunal to get an endorsement that M.A.C.A. 1181 OF 2010 -:2:- no oral evidence is adduced and thereafter reject the documents. The pubic symphyseal means the slightly immovable interpubic joint of the pelvis, consisting of two pubic bones separated by a disc of fibrocartilage and connected by two ligaments. Diastasis means a forcible separation of two parts that normally are joined together, as the separation of parts of a bone at an epiphysis or the separation of two bones that lack synovial joint. So nature of the injury sustained by the claimant appears to be in the form of a separation of a bone of an important part of the body called pubic and therefore one cannot brush aside the whole thing light heartedly. If really there are internal complications for the claimant it is a matter that has to be looked into by the Court in granting a proper compensation. This can be attained by directing the claimant to appear before the Medical Board consisting of experts and thereafter redetermine the compensation. In the result the MACA is allowed and the award passed by the trial court is set aside and the matter is remitted back M.A.C.A. 1181 OF 2010 -:3:- to the Tribunal with a direction to the Tribunal to refer the claimant to a Medical Board consisting of experts, obtain a disability certificate, if any, and thereafter permit the parties concerned 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 29.10.2010. M.N. KRISHNAN, JUDGE. ul/-