IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 MACA.No. 2451 of 2008() ----------------------- OPMV.214/2003 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONER IN THE O.P ----------------------------------- BRITTO, S/O.BERNARD, KALLUMOOTTIL VEETTIL, KANIMEL CHERRY, SAKTHIKULANGARA.P.O, KOLLAM DISTRICT. BY ADV. MR. B.MOHANLAL RESPONDENT(S): RESPONDENTS IN THE O.P ------------------------------------- 1. AMBILI SREEKUMAR, DEEPA SREE, HOUSE NO.225/V, KILIKOLOOR, MANGAD.P.O, KOLLAM. 2. DHARMARAJAN.V, PARVATHY MANDIRAM, PERUMON.P.O, KOLLAM. 3. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE COMPANY LIMITED, SHINES COMPLEX, HOSPITAL ROAD, KOLLAM. R1 BY ADV. MR. K.SHAJ MR. SAJJU.S R3 MR. VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ~~~~~~~~~~~~~~~~~~~ M.A.C.A. No. 2451 of 2008 ~~~~~~~~~~~~~~~~~~~ Dated: NOVEMBER 10, 2010 JUDGMENT Basheer, J The appellant sustained certain injuries in a road traffic accident, that occurred on November 14, 2002. He claimed compensation from the owner, driver and insurer of the alleged offending vehicle. The Tribunal, after considering the oral and documentary evidence available on record, held that, the appellant would be entitled to get a sum of Rs. 33,030/- (Rupees Thirty three thousand and Thirty only) as compensation with interest at the rate of 6 % and directed the insurance company to indemnify the owner of the vehicle. 2. The above award is impugned in this appeal; primarily on the ground that, the appellant was not given sufficient opportunity to get him self examined by a Medical Board and also to adduce further evidence in the matter in support of his contention that he had been disabled to a great extent because of M.A.C.A No. 2451 of 2008 2 the seriousness of the injury. A perusal of the award will in fact show that the Tribunal did not entertain an application filed by the appellant, for referral to the Medical Board, on the ground that the plea was made belatedly. 3. However, when the appeal came up before us on an earlier occasion, we had directed the appellant to appear before the Medical Board attached to the District Hospital, Kollam. 4. We have perused the report submitted by the Medical Board and taken it on record and marked as Ext. X1. The report indicates that, the appellant may requires a further evaluation by a Neuro Surgeon. We do not deem it necessary to refer to the other aspects mentioned by the Board in the said report, at this stage, in view of the order that we propose to pass. 5. We have carefully perused the entire materials available on record. We have also heard learned counsel for the appellant and respondent No. 3/Insurance Company. 6. Having regard to the peculiar facts and circumstances of the case, particularly the report of the Medical Board referred to above, we are of the view that, the appellant has to be given an opportunity to adduce further evidence in the matter. It will be open to the appellant to do so, by getting himself examined by a M.A.C.A No. 2451 of 2008 3 Medical Board and examine the doctors, if any, to substantiate his contentions. Respondent No.3/Insurance Company shall also be at liberty to adduce evidence, if so advised. 7. Therefore, the impugned award to the extent it has quantified the amount of compensation is set aside. The Tribunal shall pass a fresh award quantifying the amount of compensation that the appellant would be entitled to get, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The appellant and respondent No. 3 shall appear before the Tribunal on December 6, 2010. The appeal is disposed of in the above terms. The Registry shall transmit Ext. X1, report of the Medical Board, in a sealed cover along with the lower court records to the Tribunal forthwith. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE kmd