IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 MFA.No. 448 of 2001() --------------------- OPMV.426/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT: ----------------- M/S.UNITED INDIA INSURANCE COMPANY LIMITED, PALAKKAD, REPRESENTED BY ITS ASSISTANT MANAGER, THIRD PARTY CLAIM CELL, KOCHI. BY ADV. SRI.SIBY MATHEW SMT.A.CHITHRA RESPONDENTS: --------------------- 1. BIJU JOSEPH, S/O.K.V.JOSEPH, KIZHAKKEMURIYIL HOUSE, POST PARIYAPURAM, PUTHANANGADI, PERINTALMANNA. 2. V.M.MOHAMMED, S/O.MOIDEEN, VADAKKUMPARAMBA HOUSE, ARAKURISAI, MANNARGHAT, PALAKKAD DISTRICT. 3. V.P.ANILKUMAR, S/O.K.BHASKARAN NAIR, KANNATH HOUSE, KALLADI COLLEGE, MANNARGHAT. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.448 of 2001 ----------------------------------------- Dated this the 4th day of April, 2008 JUDGMENT Koshy, J. This appeal is field by the Insurance Company contending that the award amount of the Tribunal is highly excessive. Total compensation awarded is Rs.5,68,000/-, out of which Rs.70,000/- was awarded under the head of pain and suffering itself. For disfigurement, Rs.1,00,000/- was awarded. For loss of earning power, Rs.92,000/- was awarded and for disability, another Rs.31,000/- was awarded. The petitioner sustained closed fracture shaft of left femur, type III-B compound fracture both bones of left leg with segmental bone and soft tissue, loss and compound dislocation of left. This appeal is filed by the Insurance Company contending that the award amount is excessive, but learned counsel for the petitioner submitted that he is producing additional documents to show that he had to continue the treatment. At the time of admission, this Court granted stay directing the Insurance Company to deposit Rs.3,00,000/- and the petitioner was allowed to withdraw the same. It is submitted that the amount was withdrawn. MFA.448/01 2 In the above circumstances, since additional documents have to be proved in evidence, considering the fact that the amount of compensation awarded has to be recalculated, we remand the matter to the Tribunal for fresh consideration on the question of quantum of compensation. Both parties are allowed to adduce evidence regarding the question of quantum of compensation only. The Registry is directed to forward the LCR as well as additional documents filed before this Court to the MACT with a copy of this judgment. The parties shall appear before the Tribunal on 10th June, 2008. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.448/01 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 448 of 2001 ------------------------------ JUDGMENT 4.4.2008