IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 MACA.No. 1856 of 2007() ----------------------- OPMV.61/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- RAJEEV, S/O.(LATE) PRABHAKARAN, AGED 31 YEARS, PADMAPRABHA, VARIAMPARAMBU, KALLEKAD POST, PALGHAT DISTRICT, PINANI AMSOM, VADAKANHARA DESOM. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): RESPONDENTS -------------------------- 1. P.KUNHALI, S/O.MUHAMMED, PAROL HOUSE, VYDHYARANGADI POST, RAMANATTUKARA. 2. RASHEED, S/O.HASSAN, NANEKKADAVU, NEDYAMBARANGAD, CHENKKALANGADI POST, MALAPPURAM. 3. THE NEW INDIA ASSURANCE CO.LTD., CHEROOTY ROAD, KOZHIKODE. ADV. SRI.JOY GEORGE FOR R3 SMT.PRAICY JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1856 of 2007 .................................................................... Dated this the 12th day of June, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. The MACT has not allowed the appellant to let in evidence by examining himself or to produce documents including medical bills. Injuries noted on the appellant show that he has suffered rather severe injuries to the mandible, frontal bone etc. We feel this is a fit case where appellant should have been examined and given an opportunity to produce documentary evidence such as Police records, medical evidence, disability certificate etc. We, therefore, set aside the award and remand the matter to the MACT, Kozhikode for reconsidering and deciding the matter afresh after hearing the appellant and the respondents. Since this is an old matter, we direct the MACT, 2 Kozhikode to hear the parties and dispose of the matter afresh within four months from date of receipt of copy of this judgment. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms