IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 MACA.No. 876 of 2007(G) ----------------------- OPMV.978/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP MV --------------------------------------------------- RIYAS, S/O.AHAMMED KOYA, AGED 31 YEARS, RESIDING AT MALIYEKKAL HOUSE,P.O. MAKKADA,KOZHIKODE. BY ADV. SRI.T.R.MADHU RESPONDENTS/RESPONDENTS IN OP MV ------------------------------------------------------------- 1. T.C.RAVEENDRAN, S/O.I.C.VASU, AGE NOT KNOWN,RESIDING AT ITHANAKANDY HOUSE, P.O.EDAKKAD,KOZHIKODE.(OWNER OF THE BUS NO.KRZ 1564) 2. THE ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE:PRAMOD BUILDING, CHEROOTTY ROAD,CALICUT.(INSURER OF THE BUS NO. KRZ 1564). R2 BY ADVS. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------- M.A.C.A No. 876 OF 2007 ------------------------------------- DATED THIS THE 7th DAY OF APRIL, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.978/ 2002 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated September 20, 2006 awarding a compensation of Rs.20,650/- for the loss caused to him on account of injury sustained by him in a motor accident. 2. The accident happened on December 18, 2001 at about 9 a.m. While he was riding his motor cycle bearing registration No.KL-11 N 3360 from Kakkody to Kozhikode a a bus bearing registration No.KRZ 1564 knocked him down. The claimant sustained serious injuries. Alleging negligence against the driver of the offending bus he filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.2,20,000/-. 3. 1st respondent, the owner of the offending vehicle MACA No.876/2007 -2- remained absent before the Tribunal. 2nd respondent insurer of the offending bus filed a written statement admitting the policy of the bus. 4. Exhibits A1 to A6 and C1 were marked on the side of the claimant. No evidence was adduced by the contesting respondents before the Tribunal. On an appreciation of the evidence, the Tribunal found that accident occurred due to negligence of the driver of the bus and awarded a compensation of Rs.20,650/- with interest @6% percent per annum from the date of petition till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the claimant and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the driver of the offending bus is not challenged in this appeal. The main grievance of the appellant appears to be that though he has produced documents to show that he has MACA No.876/2007 -3- sustained fracture, the Tribunal did not consider those documents and that therefore, he may be given an opportunity to produce documents in his possession and to prove the documents already produced by him before the Tribunal. His request appears reasonable. The Tribunal has found that the claimants did not produce any report of CT Scan or X-ray to show that he sustained any fracture. The above observation made by the Tribunal appears to be not correct. The claimants sustained the following injuries. (i) Fracture rib 1,6,7 left and 2, 3 right. (ii) Fracture sternum. (iii) Contusion left lungs. Left haemopneuthorax (iv) Fracture of 3 teeth. 7. The claimant produced the reference card, CT Scan report and case record and the certificate of Dentist which show that claimant sustained the above mentioned injuries. 8. The Medical Board also assessed disability of the claimant as 10% as seen from Ext.C1, the certificate. The MACA No.876/2007 -4- Tribunal did not accept the same as one of the Board members who issued Ext.C1 was not examined. The Tribunal has observed that there was absolutely no document to show that he has undergone dental treatment. In the light of the documents produced by the claimants we feel that an opportunity to be given to the claimant to prove the injuries sustained by him. Therefore, we set aside the impugned award and judgment and remand the matter to the Tribunal for fresh consideration in the light of the documents produced by the claimants. 9. In the result the appeal is allowed by way of remand. The impugned judgment and award of Tribunal is set aside. OP is remanded to the Tribunal for fresh consideration in the light of the observation made above. The parties shall appear before the Tribunal on May 30, 2011. Both parties are at liberty to adduce further evidence before the Tribunal. The Tribunal shall dispose of the O.P. as early as possible, but not later than 6 months from the date of receipt of a copy of this judgment. The appellant is MACA No.876/2007 -5- permitted to take back the documents produced by him in this appeal and produce it before the Tribunal. Sd/- A.K. BASHEER, JUDGE. Sd/- P.Q. BARKATH ALI, JUDGE. AMG True copy P.A. to Judge