IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 MACA.No. 2437 of 2008(G) ----------------------------------- OPMV.34/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .............................................. APPELLANT(S): PETITIONER ----------------------------------------- VARKICHEN @ GEORGE, AGED 40 YEARS, S/O. APPACHAN, MANNIANGAD HOUSE, EDIARYTHATTU, CHITTARICKAL P.O., NEELESWARAM VIA, KASARAGOD DISTRICT. BY ADV. SRI.P.RAMAKRISHNAN SRI.C.ANIL KUMAR RESPONDENT(S): RESPONDENT --------------------------------------------- 1. RIYAZ, AGED 24 YEARS,S/O. ABDUL RAHMAN, ODIPURATH HOUSE, CHARAYAVALAVU P.O., KAMMALAKKAD (DRIVER OF KL.11/1474 MARUTI VAN), 2. SUDHEESH V, S/O. NARAYANA KURUP, AGE NOT KNOWN, CHEVARAMBALAM, CHEVAYOOR P.O., KOZHIKODE (OWNER OF KL.11/1474 MARUTI VAN). 3. UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, KALPETTA,(INSURER OF KL.11/1474 MARUTI VAN). ADV. SRI.UNNI. K.K. (EZHUMATTOOR) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2437 OF 2008 = = = = = = = = = = = = = = = Dated this the 18h day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)34/04. The claimant has come up in appeal challenging the quantum awarded. A perusal of paragraph 8 of the award would reveal that the claimant has claimed 28% permanent disability. In paragraph 7 it is seen that the scan report only revealed mild diffuse, cerebral oedema and linear fracture occipital bone. In the disability certificate it is noted that he gets recurrent attack of fits. Doctor was not examined. Documents to prove continuous treatment was also not produced. The Tribunal has also opined the said doctor is in the habit of issuing disability certificate of higher percentage. If really the claimant is having problems on account of a head injury certainly it has to be looked into. So the only method is to direct the Court below to refer the person to a Medical Board consisting of Neurological and Orthopedic M.A.C.A. 2437 OF 2008 -:2:- experts to find out the disability. For the said purpose the matter has to go back to the Tribunal. In the result the award under challenge is set aside and the matter is remitted back to the Tribunal for referring the claimant to a Medical Board to assess the disability, if any, then permit all concerned to adduce evidence in support of their respective contentions and then dispose of the matter in accordance with law. Since the insurance company has not filed any appeal challenging the quantum the claimant may be permitted to withdraw the amount that is lying in deposit of the Tribunal. Parties are directed to appear before the Tribunal on 11.11.2009. M.N. KRISHNAN, JUDGE. ul/-