IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 MACA.No. 229 of 2008() ----------------------------------- OPMV.506/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): 3RD RESPONDENT ----------------------- THE BRANCH MANAGER, MATIONAL INSURANCE COMPANY LTD VIRAJPET BRANCH, KARNATAKA. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): PETITIONER ------------------------- MARY @ MARY LOPPUS,W/O. ANTONY LOPUS THEKKE VILLARA HOUSE, NARIKKAL POST THOLPETTY, MANANTHAVADY. ADV. SMT.CELINE JOSEPH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.312/2008 IN MACA. NO.229/2008 Dismissed 19.01.2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 229 OF 2008 --------------------------------- Dated this the 19th day of January, 2009 JUDGMENT This appeal is preferred against the preliminary award of the Motor Accident Claims Tribunal, Wayanad in O.P.(MV) No.506/2005. At the outset, I may like to advise the tribunal that under Section 140 cases there is no point in directing the party to adduce evidence for the reason that if the evidence is adduced the tribunal need not pass a preliminary award, it can pass a final award itself. In exceptional cases where the court wants particulars regarding permanent disablement as contemplated under Section 142 of the Motor Vehicles Act it can direct to produce particulars. But when the very factum of accident is disputed it is better to try the case itself. Here after all the evidence, the tribunal further directs that the claimant has to appear before the medical board to obtain a certificate to show the actual disability. Therefore it may have inconsistency and so for passing preliminary award the prima facie matters need be considered. In this case the learned counsel for the claimant has submitted before me the treatment record as well as the disability certificate. I have gone through it. It is a crush M.A.C.A. 229/2008 -2- injury which has affected the phalanx and the joint. Therefore it is a case where it comes under Section 140. Therefore I do not want to interfere with the award passed under Section 140 of the Motor Vehicles Act. But considering the nature of the contentions of the parties I direct the tribunal to expedite the trial and if necessary by referring the person to a medical board and then dispose of the matter in accordance with law. The M.A.C.A is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm