IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 MACA.No. 1534 of 2010() ----------------------------------- OPMV.437/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ------------------------------------- AMBILI SUNIL, AGED 39 YEARS, W/O.DR.K.B.SUNIL, KOTTEKATT HOUSE, P.O.VEMBALLUR, KODUNGALLUR. BY ADVS. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENT(S): RESPONDENT ---------------------------------------------- 1. BABU, S/O.MOIDU, PULLYTHURUTHY HOUSE, P.O.KARUVANNUR, TRICHUR DISTRICT. 680 711. 2. NATIONAL INSURANCE CO. LTD., DIV.NO.10, FLAT NO.101-106, N-1, BMC HOUSE, CONNAUGHT PLACE, NEW DELHI-110001. 3. DR.K.B.SUNIL, S/O.BHASKARAN, KOTTEKATT HOUSE, P.O.VEMBALLUR, KODUNGALLUR.680 671. 4. ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, NORTH NADA, KODUNGALLUR, PIN-680 664. R2 BY ADVS SRI.P.JAYASANKAR R4 BY SRI.P.V.JYOTHI PRASAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1534 OF 2010 ............................................. Dated this the 1st day of November, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.437/2006. The claimant, a lady, sustained injuries in a road accident and she has been awarded a compensation of Rs.45,550/= of which Rs.24,450/= represents medical expenses alone. The claimant aggrieved by the same has come up in appeal for enhancement. 2. Heard. Here is a case where the claimant sustained fracture of the humerus and produced a disability certificate of 7%. The court noticed the presence of the claimant and heard the complaint about her inability to lift the hand above the shoulder level. Somehow or other the court did not accept it. When such is the situation it is always desirable that the party and the doctor who issued the disability certificate are examined so that there can be a clear picture for the court regarding disability if any of the party or the difficulties faced by the party. Therefore I am : 2 : M.A.C.A.NO.1534 OF 2010 inclined to grant an opportunity. Since the matter is going back, I direct the Tribunal to reconsider the adequacy of compensation once again. 3. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to all concerned to produce 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 13.12.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1534 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of October, 2010. J U D G M E N T