IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 MACA.No. 940 of 2009 -------------------------- OPMV.155/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: ------------------------------ NEETHU, D/O.NIRMALDAS, VALSALAM, NEAR POOR HOME SOCIETY, WEST HILL, KOZHIKODE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): RESPONDENTS: ------------------------------------- 1. GENERAL SECRETARY, SANTHIGIRI ASHARAM, SANTHIGIRI P.O., THIRUVANANTHAPURAM. 2. SURAN.C., S/O.CHANDRAN, PURAKKATTIN, CHBIRAVAKKATTU HOUSE, THALAKULATHOOR P.O., ATHOLI (VIA), KOZHIKODE. 3. MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD, THIRUVANANTHAPURAM. 4. P.K.VISWANATHAN,S/O P.KANDASWAMY GOUNDER 6/1996, THUNDHUREDDIYYUR, POTTANERI PO, METTUR T.K., SALEM, TAMILNADU. 5. THE MANAGER, NATIONAL INSURANCE CO.LTD., 37/2E, SALEM MAIN ROAD, METTUR DAM, TAMILNADU. ADV. SRI.P.MURALEEDHARAN FOR R3 SRI.E.M. JOSEPH FOR R5 SRI.S.R.AJITH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 940 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2010 Judgment Basheer, J: This appeal is directed against the award passed by the Motor Accidents Claims Tribunal, Kozhikode in the claim petition filed by the appellant seeking a total sum of Rs.20 lakhs as compensation for the injury sustained by her in a motor accident. The Tribunal passed an award granting a sum of Rs.1,81,960/-. While doing so, the Tribunal referred to the injuries sustained by the appellant as revealed from Ext.A2 wound certificate and Ext.A3 discharge summary. The Tribunal noticed that the appellant had sustained fracture of femur, shaft of tibia, pelvis, both bones of leg (right) mandible apart from loss of tooth. Ext.C1 disability certificate indicated that the appellant had suffered 10% occupational disability. 2. Learned counsel for the appellant submits that the appellant could not appear before the Tribunal since she was undergoing an examination at that time. She could not also produce the medical bills amounting to more than Rs.2 lakhs. In fact the appellant had filed an application before the Tribunal seeking adjournment citing the reason for her inability to attend the Tribunal. MACA.940/09. : 2 : 3. We have heard learned counsel for the parties. As rightly noticed by the Tribunal the injuries are of serious nature. In that view of the matter we are satisfied that this is a fit case wherein the appellant should be afforded an opportunity to adduce further evidence, if any, both oral or documentary. We do so. 4. The Tribunal shall dispose of the matter after affording sufficient opportunity to all parties concerned to adduce further evidence, if any. 5. Parties shall appear before the Tribunal on April 30, 2010. The appeal is disposed of in the above terms. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.