IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 MACA.No. 1646 of 2008() ----------------------- OPMV.453/1997 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT/PETITIONER:- ----------------------------------------- RAJAN , AGED 48 YEARS, S/O NOT KNOWN, THOTTATHIL HOUSE, EDAKKAD P.O., KOZHIKODE -5. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENTS: ------------------------------------------------------ 1. SOMAN, S/O GOPALANKUTTY, OTTAMKANDATHIL HOUSE, EDAKKAD P.O., CALICUT -5. 2. P. MOIDEEN KOYA, S/O. ALI, THALIKUNNU PARAMBA, MANAKAVU P.O., CALICUT DISTRICT. 3. NATIONAL INSURANCE COMPANY LIMITED, JAIL ROAD, P.N. NO. 529, CALICUT -1. ADV. SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1646 OF 2008 ===================== Dated this the 17th day of December 2008 JUDGMENT This appeal is preferred against the award of the II Addl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.453 of 1997. The claimant sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.3,000/-. It is against that decision, the claimant has come up in appeal for enhancement. The Tribunal did not accept the documents produced by the claimant mainly for the reason that the accident took place near Thiruvangoor in Kozhikode and he was first treated in the General Hospital, Kozhikode and according to the claimant, later he was treated in the Medical College Hospital, Kozhikode. But the document produced and the cause title of the document, viz., the discharge/reference car reveals the caption as Medical College Hospital, Thrissur. Therefore the Tribunal felt that a person cannot reach Thrissur within one hour from the place of accident and therefore the said document cannot be relied upon. Learned counsel for the appellant would submit that it is only a wrong caption and really the claimant was treated in the Medical College Hospital, MACA 1646/2008 -:2:- Kozhikode. This can be clearly proved by producing the case records from the Medical College and if really he had undergone treatment there, certainly the question of fracture also deserves consideration. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit both the parties to produce both documentary and oral evidence in support of their respective contentions and in case of necessity to summon for the original of the case sheet from the Medical College Hospital, Kozhikode and then the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 22.1.2009. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-