IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 MACA.No. 835 of 2005(B) ----------------------- OPMV.1108/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- KUTTIKATTIL JENIL,A GED 13 YEARS(MINOR), S/O.KUTTAPPAN, REP. BY FATHER K.T.KUTTAPPAN, S/O.THATHUNNI, KUTTIKATTIL HOUSE, KAYYATH ROAD, THALASSERY. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENT NO.3. ------------------------------- NEW INDIA ASSURANCE COMPANY LTD., KANNUR. BY ADV. SRI.P.G.GANAPPAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.NO: 835 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th Day of June, 2009. JUDGMENT Joseph J. The claimant in a petition filed under Section 166 of the Motor Vehicles Act, is the appellant. He has been awarded Rs.85,000/- 2. Heard the learned counsel for the appellant and the learned counsel appearing on behalf of the respondent, Insurance Company. 3. The appellant is a boy, aged 7 years at the time of accident. He suffered various injuries. This appeal is directed against the inadequacy of quantum. Learned counsel for the appellant would submit that actually the grievance is that no amount is awarded towards future treatment. He would submit that as a result of the injuries suffered, appellant had to undergo treatment and the treatment is even now going on, and there are records to show the same also. Learned counsel for the Insurance Company would submit that there is no specific pleading as such. M.A.C.A.NO: 835 OF 2005 : 2 : But it is noted that no amount was awarded towards future medical treatment. It is settled law, that when an accident takes place, there cannot be successive awards for compensation and all the claims must be dealt with in the same award. Learned counsel for appellant essentially seeks for a remand. We would think that in the facts of this case, the appellant should be afforded an opportunity to make good his claim. Accordingly, the appeal is allowed and the matter is remanded back to the Tribunal with opportunity to the parties to adduce fresh evidence. 4. The parties shall appear before the Tribunal on 10.8.2009. In view of the fact that the matter is pending from 1998, the Tribunal will dispose of the case, as early as possible, at any rate, within four months from 10.8.2009. K.M.JOSEPH, JUDGE. M. L. JOSEPH FRANCIS, JUDGE. dl/