IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 MACA.No. 2714 of 2009() ------------------------------------ OPMV.1049/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ K.JASEENA, W/O. M.RAYEEZ, SUPERINTENDENT OF CUSTOMS, 'NAAZ', HOUSE NO.29/1650, POST KOTTOOLI, CALICUT. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): RESPONDENTS -------------------------- 1. AHAMMED NIHAD, S/O. ABDUL GAFOOR, 9/66, PUTHIYAMADAM, SILK STREET, CALICUT. 2. NEW INDIA ASSURANCE CO. LTD., SILVER PLAZA BUILDING, MAVOOR ROAD, CALICUT. R2 BY ADV. SMT.RAJI T.BHASKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN,J. ====================== M.A.C.A. No.2714 OF 2009 ====================== Dated this the 5th day of March 2010. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV). No.1049/05. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.26,500/-. It is seen that he had sustained contusion on malleolus and there was a fracture of the shaft of ulna. He was treated in Baby Memorial Hospital, Kozhikode. He had produced medical bills for Rs.22,122/-. He was also treated in Fathima Hospital. The Tribunal without considering any reason, held that computer bills are not proved. Hence only Rs. 10,000/- is allowed as medical allowance. Since the matter is to go back, it is desirable for the Tribunal re- considers the entire case and fix the quantum of compensation. 2. Therefore, the award under challenge is set aside M.A.C.A. No.2714 OF 2009 2 and the matter is remitted back 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 . Parties are directed to appear before the Tribunal on 8.4.2010. M.N.KRISHNAN,JUDGE. mns