IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 MACA.No. 250 of 2009() ---------------------- OPMV.1048/2002 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT: ------------------------------------------ AYISHA.M.P.,W/O.MUHAMMED, AGED 51 YEARS, THOPPAYIL HOUSE, BEACH B-77 NADAKKAVU POST, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. M.V.ABDULLA, S/O.SIRAJUDHEEN HAJI, MATTANGAL HOUSE,OLANATTIL POST, MALAPPURAM. 2. THE UNITED INDIA INSURANCE CO.LTD., UP HILL, MALAPPURAM, 3. MUHAMMED RAFI, S/O. ABDULLAKUTTY, 1/2272, MUTHAKUTTITHOPPU PARAMBA, NADAKKAVU POST, KOZHIKODE. 4. THE NATIONAL INSURANCE CO.LTD. DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. R1 BY ADVS. MR.BABU S. NAIR, MR.K.RAKESH. R2 BY ADV. MR.P.M.M.NAJEEB KHAN R4 BY MR.MATHEWS JACOB, SENIOR ADVOCATE, BY ADV.MR.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 250 OF 2009 = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1048/02. The Tribunal has awarded a compensation of Rs.8,000/- and dissatisfied with the same the claimant has come up in appeal. 2. It is the case of the claimant that she had sustained a fracture on the forearm. It is also visible from the award that there was an application for reference to the Medical Board and it is submitted that the Board had examined her. Whatever it is there are 14 X-ray films and the learned Tribunal had ignored it as useless. Whether it is useless or useful is a matter which requires deeper consideration. I do not want to add anything further but I am inclined to grant an opportunity to all concerned to establish their respective contentions. Therefore the award under challenge is set aside and the matter is remitted back M.A.C.A. 250 OF 2009 -:2:- to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. If there is a disability certificate obtained from the Medical Board that also may be properly considered. Parties are directed to appear before the Tribunal on 15.3.2010. M.N. KRISHNAN, JUDGE. ul/-