IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 MACA.No. 1299 of 2010() ----------------------- OPMV.788/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV -------------------------------- RAMLA.M.P., W/O. USMAN, HAJI HOUSE, MARAKKAR KADAVU, MUGHADAR, P.O.KALLAI, KOZHIKODE DISTRICT. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OPMV ---------------------------------- 1. K.SUNIL KUMAR, S/O. P.MURUGHAN, SUDHEER VIHAR, KADAI KANARI, P.O.CHEVARAMBALAM, KOZHIKODE. 2. BABU, S/O. MURUGHAN, SUDHEER VIHAR, P.O.CHEVARAMBALAM, KOZHIKODE. 3. NATIONAL INSURANCE CO. LTD., NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1299 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.788/2007 on the file of Principal Motor Accidents Claims Tribunal, Kozhikode. He sustained the following injuries in a motor accident that occurred on August 29, 2006 at about 6.p.m. at Pottammal bus stop, Medical College road, Kozhikode : Grade II fracture both bones of left leg, degloving injury raw area ( R) leg, soft tissue injury ( R) shin, incised wound 5 cm. over left patella, lacerated wound 10 x 5 x 3 ( Rt) shin. 2. The accident happened while the claimant was standing near Pottammal bus stop, he was knocked down by the scooter owned by the first respondent and driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,50,000/-. MACA.No.1299/2010 2 3. Respondents 1 and 2, the owner and the rider of the offending scooter remained absent before the Tribunal. The third respondent, the insurer of the offending scooter filed a written statement admitting the policy. Exts.A1 and A2 were produced on the side of the claimant. No evidence was adduced by the contesting third respondent before the Tribunal. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 19,500/- with interest @ 7% per annum from the date of petition till realisation and a cost of Rs. 650/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. The main grievance of the appellant/claimant is that no opportunity was given to him to produce document to show that he has suffered disability due to the injury sustained . Ext.A1 copy of the FIR and Ext.A2 copy of the wound certificate were produced by the claimant before the Tribunal. Taking into account the serious nature of the injuries sustained by the claimant, we are of the view that he must have suffered some disability. Therefore, we feel that the claimant should be given an opportunity to adduce evidence to prove that he has MACA.No.1299/2010 3 suffered disability due to the injury sustained. It is seen from the records that claimant has produced necessary documents before the Tribunal, but the Tribunal has not marked the same. That being so, we set aside the award of the Tribunal and remand the case to the Tribunal for fresh consideration in accordance with law. Both parties are entitled to adduce further evidence to prove their claim before the Tribunal. The Tribunal shall dispose of the case as expeditiously as possible, but not later than six months from the date of receipt of a copy of this judgment. Thus, the appeal is allowed by way of remand as found above. Registry is directed to send the records to the Tribunal forthwith. Parties shall appear before the Tribunal on October 18, 2010. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1299/2010 4 MACA.No.1299/2010 5