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 TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 MACA.No. 1317 of 2005() ----------------------- OPMV.939/1998 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- PONNAN SUHAIB, S/O.KADER, (MINOR) KORAMPERY HOUSE, KOORAMMUKKU, P.O.ULIYIL, REP.BY HIS MOTHER AND NEXT FRIEND P.SARU, W/O.KADER, THATTANKANDY HOUSE, P.O.ULIYIL, KARIMBERI, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.PREM DOMINIC RESPONDENT(S): RESPONDENT NO.3 ------------------------------ ORIENTAL INSURANCE CO. LTD. KANNUR. ADV. SRI.P.V.JYOTHI PRASAD FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 1317 OF 2005 -------------------------------------------- Dated this the 28th day of July, 2009 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. The appellant's main grievance is that in the accident he suffered head injury and the Medical Board certified disability of 50%. Counsel submitted that besides physical disability, appellant has become mentally also incapacitated and he had to discontinue his studies. However, MACT has not considered the Medical Board report and does not speak anything about the condition of the appellant who was not examined as a witness. We feel this is a fit case for the MACT to summon the victim himself and examine him and consider the Medical Board report and adjudicate the claim after giving opportunity to the insurance company also. We therefore set aside the award and remand the matter back to the MACT for giving an opportunity to the appellant to produce the Medical Board report and present himself for examination before the MACT. The MACT is 2 directed to pass final orders within a period of three months from the date of production of a copy of this judgment after issuing notice to the insurance company as well. Parties will appear before the MACT on 10.8.2009. Appeal is allowed as above. Issue photocopy today itself. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 3