IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 211 of 2004() ---------------------- OPMV.2493/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT: APPELLANT/PETITIONERS IN M.V.O.P. ----------------------------------------------- JOJO, AGED 29 YEARS, S/O.VAREED, PUDUKKADAN HOUSE, KOORKKANCHERY P.O. KASTHURBA LANE, THRISSUR. BY ADV. SRI.U.O.JOSE RESPONDENTS: RESPONDENTS IN M.V.O.P./ -------------------------------------------- 1. THE MANAGER, ST.JOSEPH'S CONVENT SCHOOL, MISSION QUARTERS, THRISSUR. 2. MR.VAREED, AGED 33 YEARS, S/O.ENASU, PULIPARAMBIL HOUSE, KUTTIMUKKU DESOM, VILVATTOM VILLAGE, THRISSUR DISTRICT. 3. M/S.THE NEW INDIA ASSURANCE COMPANY LTD. THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.211 of 2004 ----------------------------------------- Dated this the 10th day of November , 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation. The main grievance of the appellant is that in spite of production the disability certificate obtained from the “Trichur Heart Hospital Ltd” wherein the appellant underwent inpatient treatment, the same is rejected by the M.A.C.T. The counsel has produced the said disability certificate before us which shows that disability raised up to 100% and after the treatment and recoupment the appellant is said to be left with 20% permanent disability. It is seen from the disability certificate that the injuries are obviously to the head. We are of the view that If the disability certificate is authentic the appellant is entitled to compensation for disability. We also feel the M.A.C.T ought to have been taken the disability certificate as evidence and compensation must have been granted being given an opportunity to Insurance Company to contest the matter. Since this is not done, we set aside the award with a direction to the M.A.C.T. to give one more opportunity to the appellant and to the Insurance Company to produce and adduce documents, to prove and object the disability . The M.A.C.T. is directed to pass fresh orders within a period of six months from the date of production of a copy of this judgment. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A No. 211 of 2004 ---------------------------- JUDGMENT 10th November, 2008