IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 MACA.No. 205 of 2004 ------------------------------ OPMV.1313/2001 of MACT, MANJERI .................... APPELLANT/PETITIONER: ALAVIKUTTY, S/O. VEERAVUNNI, AGED 48, KUTTITHODIKA HOUSE, EDAVANNA P.O., MANJERI. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: 1. P.M. MUJEEB REHMAN, S/O. ABDU, PODIYATTUMADATHIL, FIROZ MANZIL, EDAVANNA P.O., MANJERI (DRIVER CUM OWNER). 2. NEW INDIA ASSURANCE CO. LTD., MANJERI. BY ADV. SRI.V.JAYAPRADEEP FOR R1 SRI.P.G.GANAPPAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - MACA.No. 205 of 2004-B - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2011 Judgment Basheer, J: This appeal is directed against the award passed by the Motor Accidents Claims Tribunal in a Claim Petition filed under Section 166 of the Motor Vehicles act. Appellant had claimed a sum of Rs.1,50,000/- for the following injuries sustained by him in a road traffic accident that occurred on March 4, 2000. (a) Fracture of left ischial spine. (b) Sutured wound of front of the scalp (left) (c)Abrasion (Left fore arm) Appellant produced Exts.A1 First Information Report filed by the Police in connection with the accident and Ext.A2 wound certificate issued by the hospital where the appellant was admitted immediately after the accident. 2. The Tribunal awarded a sum of Rs.35,000/- and directed respondent No.2 Insurance Company to pay the same to the appellant- claimant with 9% interest. The following paragraph in the award deals with the entire claim of the appellant. “5. Considering the age, occupation, income, nature of injuries and the period of hospitalisation petitioner is entitled to get a total sum of Rs.35,000/- as compensation.” MACA.205/2004. : 2 : 3. It may be noticed that there is no reference to the injuries sustained by the appellant in the accident. Similarly there is no mention about the occupation or income of the appellant as stated by him in the claim petition. 4. Learned counsel for the appellant has made available a copy of Ext.A2 wound certificate issued by Bright Hospital, Calicut Road, Manjeri. It is seen from the said certificate that the appellant was admitted in the hospital at about 12 AM on March 4, 2000. The injuries which we have already extracted in the earlier part of this judgment are seen noted in the said certificate. It is further seen mentioned that X-ray confirmed fracture. 5. Appellant was discharged from the hospital on March 8, 2000 at his request to enable him to avail of better treatment. We have referred to the above aspect only to show that the Tribunal did not even bother to take a look at Ext.A2 wound certificate. 6. It is true that the appellant did not produce any other medical record to show the nature of disability that he suffered or the total amount that he spent for the treatment. In fact learned counsel for the appellant has shown us some medical records, one of which will show that the appellant had developed “acute colonic pseudo obstruction and functional bowel disorder” apart from “ischial spine fracture (right)”. The said discharge summary was issued by the Department of Gastro Enterology of Al Shifa Hospital & C.T. Scan MACA.205/2004. : 3 : Centre, Perinthalmanna. This discharge summary also would indicate the nature of treatment undergone by the appellant in that hospital. But the appellant had not produced any of these documents before the Tribunal, nor had he given any oral evidence. But still, the failure of the appellant to adduce oral evidence or produce the other relevant documents before the Tribunal did not justify the manner in which the Tribunal disposed of the claim petition. 7. As has been noticed already, the entire claim was considered and decided in one paragraph of the award without even any reference to the date of the accident or the manner in which it took place. The Tribunal proceeded to pass the award since the Insurance Company had admitted policy coverage. 8. One of the two options available before us is to remit the case to the Tribunal for fresh disposal after affording sufficient opportunity to the claimant to adduce further evidence or to give a quietus to the entire issue by awarding some additional compensation to him. 9. The accident took place in the year 2000. More than 11 years have elapsed after the accident. In our view remitting the case to the Tribunal at this stage will only cause further delay in the matter. Keeping in view the entire facts and circumstances of the case and taking note of the medical records now made available before us by the learned counsel, which appear to be genuine, we are of the view that MACA.205/2004. : 4 : the latter option can be adopted. Keeping in view the nature of the injuries sustained by the appellant and particularly the fracture of ischial spine and also sutured wound on the scalp apart from the subsequent colonic pseudo obstruction that had developed in the course of the treatment, we are satisfied that the appellant can be awarded a sum of Rs. 50,000/- as additional compensation in a lump, over and above the sum of Rs.35,0000 awarded by the Tribunal. The entire compensation shall carry interest at the rate of 9% as ordered by the tribunal. Appeal is disposed of in the above terms. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.