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. 1424 of 2004() ------ ----------------------- OPMV.318/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT: ----------------- SUNIL CHERIYAN SUNIL, S/O. CHERIYAN, KOTTARATHIL HOUSE, PUMATTOM (B) PUTHUPPALLY, KOTTAYAM. BY ADV. SRI.V.K.SUNIL RESPONDENTS: ----------------------- 1. K.E.THAMPI, KANIYAMKULAM, PALLIKUNNU, KOTTAYAM. 2. THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, KOTTAYAM. 3. KUNJUMON S/O. KUNJAN KUTTY, KILIRTHAYYIL HOUSE, PAYYAPPADI KARA, PUTHUPPALLY, KOTTAYAM. ADV. SRI.MATHEWS JACOB (SR.) FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1424 OF 2004 --------------------------------- Dated this the 17th day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Kottayam in O.P.(MV) No.318/1997. The claimant sustained injuries in a road accident on 28.10.96 and the tribunal had awarded a compensation of Rs. 7,500/-. The second respondent National Insurance Company is directed to deposit the amount. As many as 17 documents are produced before the tribunal. The tribunal had referred only two documents A5 and A6 and awarded compensation. 2. A perusal of wound certificate would show that he had suffered ten injuries in the accident. Some of them are lacerations and some of them are abrasions and some of them are skin deep injuries. It is contented by the learned counsel for the appellant that he had also sustained injuries on the ligament on account of the accident. But unfortunately the award of the tribunal is silent about any other documents other than A5 and A6. There are two medical certificates, one discharge certificate and a series of medical bills. It is true that some of them are of the year 2000. But M.A.C.A.No. 1424/2004 -2- without referring to those documents and finding that whether they are acceptable or not acceptable, it is not correct to decide the compensation. The claimant also has not been examined and it is seen that the Insurance Company has not entered appearance and filed vakalath. Therefore I feel the entire matter requires reconsideration. 3. Therefore the award under challenge is set aside and the matter is remitted back to the tribunal. The appellant is given an opportunity to produce documentary as well as oral evidence in support of his contentions and the Insurance Company is also permitted to file an application to set aside the exparte order and file written statement and also produce documents and evidence. Thereafter the tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the tribunal on 21.1.2009. M.N. KRISHNAN,JUDGE vkm