IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MACA.No. 1217 of 2007(A) ------------------------------ OPMV.313/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE O.P. (MV) ------------------------------------------------------- GODFREY BERNAD.M.,AGED 51 YEARS, S/O. LATE M.K. BERNAD, ERINJERI HOUSE PULIKKAL PARAMBA, P.O.CIVIL STATION CALICUT-20. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS: RESPONDENTS IN THE O.P(MV) -------------------------------------------------------- 1. RAVI, AGE NOT KNOWN, S/O,KUNHIRAMAN NAIR,POTTAYIL HOUSE, ARIKULAM,KOYILANDY,KOZHIKODE , DISTRICT. 2. A.ABDUL SAMAD, AGE NOT KNOWN, S/O.ABDUL KADER HAJI,JASLEENA MAHAL, MARKET ROAD, KOYILANDY, KOZHIKODE DISTRICT. 3. THE NATIONAL INSURANCE CO. LTD., NOOR COMPLEX, MAVOOR ROAD, CALICUT-673 004. BY ADV. SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1217 OF 2007 = = = = = = = = = = = = = = = Dated this the 6th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)313/98. The claimant, a 42 year old man working as a cashier in Punjab National Bank sustained injuries in a road accident. The Tribunal awarded a total compensation of Rs.11,750/-. The Tribunal also held that there is inconsistency between Exts.A2 and A3. It has to be remembered that wound certificate is the first document prepared and it may not reveal the entire injuries or the development thereafter. But a discharge card issued from a Medical College Hospital may reveal what exactly the problem the claimant had. It is seen that the claimant was treated as an inpatient from 30.10.97 to 6.11.97 and there is a noting of a hip injury as well as fracture of C6 vertebra and mild cerebral oedema. The detailed report would further show that there is radiological examination which would reveal vertebral fracture and C.T. M.A.C.A. 1217 OF 2007 -:2:- Scan reveal no fracture on the cerebral system. So these are all matters which the Tribunal have to consider and if the Tribunal finds any suspicion in the document produced by the party it can very well direct the party to take steps to produce the case record in order to satisfy its conscience. But without doing it, it may not be proper to reject it on the ground that as it is not shown in the wound certificate and so the document cannot be accepted. In this particular case I find that the claimant has produced a salary cum leave certificate which has not been marked nor considered. Therefore, these laches had resulted in not awarding proper compensation. Therefore I set aside the award passed by the Tribunal and remit the case back to the same Tribunal with a direction to the claimant to mount the box, give evidence in support of his case and get all the documents marked. Thereafter, the Tribunal shall consider the question and dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 17.9.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-