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 30TH JUNE 2010 / 9TH ASHADHA 1932 MACA.No. 345 of 2004() ---------------------- OPMV.2948/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: ----------------------------------- SAJU VARGHESE, S/O. VARGHESE, PATHIKULANGARA HOUSE, KIZHAKKAMBALAM, NOW RESIDING AT K.C. PETER, KOYIKKARA HOUSE, ASOKA ROAD, 44/1519, KOCHI-17. BY ADV. SMT.SHYLAJA VARGHESE SMT.T.C.SOWMIAVATHY RESPONDENT(S): RESPONDENTS: --------------------------- 1. P.V.VARGHESE, PATHIKULANGARA HOUSE, KIZHAKKAMBALAM P.O. 2. JOSE A.D., APPACHIRA HOUSE, ERUMALLY, KUMARAPURAM P.O. 3. THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, KANDAMKULATHY TOWERS, P.B. NO.1049, M.G.ROAD, KOCHI-11. ADV. SMT.LEKHA KUMARI.N. FOR R1 SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 345 OF 2004 ------------------------------------------------------ Dated: JUNE 30, 2010 JUDGMENT Basheer, J. Dissatisfied with the award passed by the Motor Accidents Claims Tribunal in his favour, the appellant has preferred this appeal. 2. A perusal of the medical records available in the case, particularly Exts.A5 to A10, will undoubtedly show that the appellant had suffered a head injury and he was initially treated in the Malankara Orthodox Syrian Church Medical College Hospital. In fact, he was in the Neuro Surgery Intensive Care Unit for more than 12 days. Ext.A12 will further show that the appellant was advised to continue treatment lifelong to prevent post-traumatic seizures. 3. According to the appellant the Tribunal refused to accept medical bills at Sl.Nos.51 to 207 on the frivolous ground that they were not supported by medical prescriptions. In that process the appellant has been denied a sum of Rs.62,000/-. It is further pointed out by the learned counsel that the Tribunal awarded only a paltry sum of Rs.5000/- for future treatment. 4. The appellant has produced additional documents like medical bills and a certificate issued by a doctor, before this court. In MACA 345 OF 2004 2 the certificate the doctor has advised the appellant “to continue preventive treatment lifelong” with the same dose of anticonvulsants. 5. We have carefully perused the impugned award. There appears to be some merit in the contention raised by the appellant that the Tribunal has proceeded at a tangent while considering the claim for reimbursement of the medical expenses met by the appellant and also as regards the impact of the head injury on his future life. Even though we feel some reluctance in remanding the case to the Tribunal, especially since the claim is in relation to an accident which occurred in the year 1995, in the peculiar facts and circumstances of the case, particularly keeping in view the contention of the appellant that he is destined to continue lifelong treatment, we are of the view that the appellant has to be given a further opportunity to substantiate his contentions. 6. It is made clear that the Tribunal shall only consider the quantum that the appellant may be entitled to get in the light of the documents which he had already produced and also those which he has now produced before us. It will also be open to the appellant to adduce further evidence in this regard, both oral and documentary, if so advised. The respondents shall also be entitled to adduce evidence MACA 345 OF 2004 3 in support of their contentions. 7. The Tribunal shall dispose of the case as expeditiously as possible, at any rate, within two months of receipt of a copy of this judgment. 8. The parties shall appear before the Tribunal on July 26, 2010. 9. The Registry shall return the documents produced by the appellant before this Court for production before the Tribunal. The appeal is disposed of in the above terms. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-