IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 MACA.No. 1496 of 2008(B) ------------------------------------- OPMV.2321/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/ PETITIONER: -------------------------------------- CHANDRAN, S/O KUNJAYAPPAN, PALANTHALA HOUSE, ERAVIMANGALAM P.O., THRISSUR DISTRICT. BY ADV. SRI.DILIP J. AKKARA. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. CHANDRIKA.T, W/O PARAMESWARAN, THALAPPILLY HOUSE, MOOTHRIKKARA P.O., THRISSUR DISTRICT. 2. T.K.PRAKASAN, S/O T.K.KARTHIKEYAN, THANDIYAKKAL HOUSE, AMBALAMOOLS, KOZHUKULLY, THRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, MAHESWARI BUILDING, M.G.ROAD, THRISSUR. BY ADV. SRI. JACOB MURICKAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.1496 OF 2008 ===================== Dated this the 6th day of January 2009 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)No.2321 of 2002. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.57,000/- and it is against that decision the claimant has come up in appeal. 2. The main grievance of the claimant is that though he had produced a disability certificate Ext.A6 it has not been accepted by the Tribunal and therefore it has affected the merits of his case. On the other hand, the Tribunal had stated that the Doctor has not been examined and therefore it cannot be accepted as such. The Tribunal granted a compensation of Rs.10,000/- for discomfiture on account of the fracture sustained to thoracic vertebra. It also granted Rs.8,000/- towards loss of amenities. Learned counsel had made available before me the discharge summary issued by Elite Mission Hospital, wherein the claimant was treated from 30.5.2002 to 8.6.2002. I think earlier he was treated in Jubilee Mission Hospital, MACA 1496/2008 -:2:- Thrissur. A perusal of the award would reveal that the claimant had sustained a compression fracture of D11 vertebra, compression fracture of D12 vertebra as well and had heavy shock, thyro toxicosis, inferior of anterior wall ischaemia. Learned counsel would contend that cardiac problem is on account of the injury sustained. But, it is seen from the documents that he had a valvular heart disease. Normally valvular heart diseases occur on account of the defect even at the time of birth or by rheumatic fever. Whether a compression fracture of the vertebra can cause a heart disease is a matter which has to be established by medical evidence. Even the possibility of a valvular disease getting worsened on account of an injury on the vertebra also is a factor that requires consideration. But these matters can be best established by summoning the Doctors, who had treated him at the Jubilee Mission Hospital as well as in the Elite Mission Hospital at Thrissur. The person who had issued the disability certificate is only an Orthopedician, who has not treated the patient at all. So the matter requires medical evidence and if really the claimant had sustained the disability or the difficulties which he wants to be considered by the court. I feel an opportunity can be given for establishing the said fact. I make it very clear that the evidence to be adduced must be in the form of medical evidence by the Doctors, who had treated him immediately after the MACA 1496/2008 -:3:- accident and for that purpose the original of the treatment records can also be called for and evidence be adduced. Needless to say that the insurance company is also at liberty to adduce counter evidence in support of their contentions and the Tribunal shall decide the question after the entire materials are placed before it. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration and the parties are directed to appear before the Tribunal on 16.2.2009. MACA is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-