IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 MACA.No. 281 of 2006 ------------------------------------ OPMV.221/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT-PETITIONER: ------------------------------------------------------------------ SHAJI, S/O. SREEDHARAN, THATTARATHU HOUSE, CHELLUKUZHY KARA, KOCHARA P.O., KARUNAPURAM VILLAGE. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): RESPONDENTS: ------------------------------------------------------- 1. ROY CHERIYAN, KIZHAKKETHALACKAL HOUSE, KANCHIYAR KARA, KANCHIYAR P.O. 2. ORIENTAL INSURANCE CO. LTD., MUVATTUPUZHA. ADV. SRI.S.MAMMU FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.281 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February 2011 JUDGMENT Basheer, J. Appellant is stated to have sustained the following injuries in a road traffic accident that occurred on September 23, 2001. 1. Compression fracture LI vertebra with posterior displacement of a large fragment causing severe spinal canal compromise. 2. Fracture of right lamina of LI. 2. He got himself examined as PW1 before the Tribunal and produced Exts.A1 to A18 in support of his case. Ext.B1 was marked on the side of the respondents. The Tribunal, after considering the oral and documentary evidence available on record, awarded a sum of Rs.1,55,900/- with 6% interest thereon, and directed the insurer of the vehicle to pay the same. The inadequacy of the award is under challenge in this appeal. 3. Sri.Mathew John, learned counsel for the appellant, submits that the condition of the appellant has further deteriorated drastically and he had in fact undergone a surgery for total hip replacement on the right side. Appellant has produced large number of documents before this court to show that he had been continuing treatment for the injuries sustained by him. It is further submitted by the learned counsel that the appellant has become paraplegic and he is living at the mercy of his family members. Anyhow, we do not propose to refer to or deal with the various contentions raised or documents produced by the appellant at this stage. M.A.C.A.No.281 OF 2006 :: 2 :: 4. Having heard learned counsel for the parties and having perused the materials available on record, we are of the view that the case has to be remitted to the Tribunal. It will be open to the appellant to adduce oral and documentary evidence in support of his claim for enhancement of the compensation already awarded to him. Similarly, the respondents will also be at liberty to adduce evidence, if so advised. 5. The Tribunal shall dispose of the case, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Parties shall appear before the Tribunal on March 3, 2011. The documents that have been produced by the appellant along with I.A.No.334/2011 shall be returned to him for production before the Tribunal. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes