IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 M.A.C.A.No. 1398 of 2005 --------------------------------- (OPMV.326/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL) .................... APPELLANT/APPLICANT: ------------------------------------- RAMASWAMY, S/O. SELVARAJ, VALIYAVEEDU, MELEMUKKU, POTHENCODE (P.O), TRIVANDRUM DISTRICT. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.N.NARAYANAN NAIR SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. K. AJITH, S/O. KARUNAKARAN, "VRINDAVANAM", MAYYANADU (P.O), KOLLAM DISTRICT. 2. K. SREEKUMAR, S/O. KOCHU RAMAN, PUTHUVAYALIL, ASRAMOM, KOLLAM DISTRICT. 3. M/S. NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, KOTTARATHIL BUILDING ANNEXE, PALAYAM, TRIVANDRUM-33. BY ADVS. SRI.K.C.CHARLES FOR R1 SRI.A.BALAGOPALAN FOR R1 SRI.A.RAJAGOPALAN FOR R1 SRI.M.B.MOHAN FOR R1 SRI.KKM.SHERIF FOR R3 SRI.A.A.ZIYAD RAHMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DE3LIVERED THE FOLLOWING: M.N. KRISHNAN, J --------------------------------- M.A.C.A.No. 1398 OF 2005 -------------------------------------- Dated this the 16th day of July, 2008 J U D G M E N T This appeal is preferred against award of Motor Accidents Claims Tribunal, Attingal in O.P.(MV) No. 326/2000. The claimant was a rider of the motorcycle and he sustained injuries in the road accident. He had preferred an application under Section 163 A of the Motor Vehicles Act for compensation. The question whether a person who has contributed himself to the accident is entitled to file an application under Section 163 A is now well covered by the decision of this Court and therefore it has to be stated that he is entitled to file an application. Then the two other ingredients which requires to be satisfied are, that is, the annual income shall not exceed Rs. 40,000/- and that he had sustained permanent disability as envisaged under Section 163 A. Explanation to Section 163 A(1) reads as follows: “For the purpose of the sub section, permanent disability shall have the same meaning and extent as in the Workmen's compensation Act 1923.” M.A.C.A.No. 1398/2005 -2- So the permanent disability contemplated under Section 163 A is not the permanent disablement mentioned in Section 142 of the Motor Vehicles Act. The Tribunal had considered the question on the perception that it must come under Section 142 of the Act. It is erroneous. Even under the provision of Workmen's Compensation Act there are two types of cases which may come up for consideration, one namely those exclusively covered by the schedule or the schedule injuries and the other non schedule injuries for which evidence may be necessary, there must be evidence to establish that there is permanent disablement as contemplated. So the Tribunal is directed to consider that question and find out whether there is disability as contemplated under the explanation to Section 163 A. Since the matter has been considered in that angle, the award requires to be set aside and the matter is remanded back to the Tribunal for finding out whether there is permanent disability as contemplated under the explanation to Section 163 A (1) and there after proceed to determine the compensation if necessary, the other ingredients are satisfied. M.A.C.A.No. 1398/2005 -3- Both sides are permitted to adduce documentary as well as oral evidence in support of their respective contentions and being a matter under Section 163 A, the Court shall try to dispose of this matter within three months from the date of first appearance of the parties before the Tribunal. Parties are directed to appear before the Tribunal on 26.08.2008. M.N. KRISHNAN, JUDGE. vkm