IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 M.A.C.A.No. 505 of 2005(D) ---------------------- OP(MV).2256/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------- SCARIA K.J. @ KURISUMKAL JOSEPH SCARIA, S/O.JOSEPH, PATTARAKURISUMKAL HOUSE, MOHAMMA, NOW RESIDING AT BUILDING NO.370/VIII, KOTTAYAM-2. BY ADVS. SRI.DINESH R.SHENOY SRI.JOSEPH GEORGE.A RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. THRESIAMMA JOHN, VENIYAMAPARAMBIL, VADAKARA P.O., THALAYOLAPARAMBU, KOTTAYAM DIST. 2. NOUSHAD, THODUVAYIL HOUSE, THALAYOLAPARAMBU, KOTTAYAM DISTRICT. 3. NATIONAL INSURANCE COMPANY LTD., TRIPUNITHURA. BY ADV. SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ------------------------- M.A.C.A.No. 505 OF 2005 ------------------------------------ Dated this the 25th day of July, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam in O.P(MV) No. 2256/99. The claimant sustained injuries in a road accident and he was awarded a compensation of Rs. 40,000/-. Aggrieved by that decision, the claimant has come up in appeal for enhancement. 2. It is the case of the appellant that the counsel to whom the case was entrusted did not prosecute the case properly and the Tribunal marked the documents and passed the award. The learned counsel had available before me the discharge summary which will indicate that he was treated as inpatient in the Medical Trust hospital from 27.7.96 to 23.8.96. During that period he had undergone surgery. Thereafter, A.K cast was applied and he was readmitted on 27.9.96 and discharged on 5.10.96. Again he was admitted on 4.11.96 and discharged on 5.11.96. It is submitted that the medical bills are for Rs. 35,000/- and that he sustained disability and no proper compensation has been awarded. He also M.A.C.A.No. 505/05 -2- showed me a photograph of the person. If really there is an entitlement for enhancement, it is a matter that has to be considered. Therefore I am inclined to grant an opportunity but I make it clear that the appellant shall not ask for adjournment before the Tribunal. Therefore the award under challenge is set aside and the matter is remanded back to the Tribunal for fresh consideration by permitting the appellant to produce documentary as well as oral evidence in support of his contentions. Needless to say that the respondents are also permitted to adduce evidence in support of their respective contentions. The Tribunal shall dispose of the matter within three months from the date of first appearance of the parties before the Tribunal. It is further made clear that no further adjournment need be granted thereafter. Parties are directed to appear before the Tribunal on 01.09.2008. M.N. KRISHNAN, JUDGE vkm