IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 MACA.No. 301 of 2008() ---------------------- OPMV.381/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT/PETITIONER ------------------------ RAJI. V, S/O.VIDHYADHARAN VILAYIL VEEDU, THOTTAKKADU, NEDUMAPARAMBU P.O. ALAMCODE VIA., KARAVARAM VILLAGE CHIRAYINKEEZHU TALUK, TRIVANDRUM DISTRICT. BY ADV. SRI. K.SIJU SRI.PRATHEESH.P RESPONDENTS/RESPONDENTS -------------------------- 1. KRISHNAKUMAR, S/O.SREDHARAKURUP HARIBHAVAN, MAVINMOODU, KALLAMBALAM CHIRAYINKEEZHU TALUK. 2. M. ABDUL AZIZ, S/O.MOHAMMED HANEEFA THEKKATHIL, PUTHEN VEEDU, KUNNIKOODU, KOLLAM. 3. THE MANAGER, NEW INDIA INSURANCE CO.LTD. MAIN ROAD, ATTINGAL. 4. NAZILA BEEVI, D/O.MAJITHA BEEVI RESEVILLA, EARANIKONAM P.C., MUKKU P.O. THOTTAKKADU DESOM, KARAVARAM VILLAGE CHIRAYINKIL TALUK. ADV. SRI.P.K.MUHAMMED FOR R1 SRI.S.VIJI FOR R1 SRI.PMM.NAJEEB KHAN FOR R3 ADV.SRI.ZIYAD RAHMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * M.A.C.A.No.301 of 2008 ---------------------------------------- Dated this the 25th day of October 2011 J U D G M E N T R.BASANT,J Claimant is the appellant. He claimed compensation for the personal injuries suffered by him in a motor accident which took place on 22/08/2003. He claims to be employed as an excavator operator. He suffered bimalleolar fracture with open fracture of the medial malleolus of the right ankle. He continued as an in- patient from 22/08/2003 to 04/09/2003. Though it was alleged that he had suffered permanent disablement, no documents were produced before the tribunal. 2. Against a total claim of Rs.3,00,000/-, the tribunal awarded only an amount of Rs.15,260/- as per the details given in paragraph 9 of the impugned award which we extract below: Loss of earning : Rs.1,000/- Transport expense : Rs.4,560/- Extra nourishment : Rs. 200/- M.A.C.A.No.301 of 2008 2 Damage to clothing : Rs. 400/- Cost of medicine : Rs.4,100/- Loss of amenities in life : Rs.1,000/- Pain and suffering : Rs.4,000/- ---------------- Total : Rs.15,260/- ======== 2. We have heard the learned counsel for the appellant. There is no representation for the respondent though served. The learned counsel for the appellant assails the impugned award on the short ground that the quantum of compensation awarded is too meagre and inadequate. The amount of Rs.15,260/- cannot be reckoned as reasonable and just compensation for the loss suffered by the claimant/appellant, submits the learned counsel. 3. The learned counsel for the appellant submits that, as a matter of fact, the appellant had suffered permanent partial disability as a result of the accident. In support of this, he produces a certificate issued by Doctor J.R.Jagajeev of the Medical College, Thiruvananthapuram which indicates that the appellant had suffered permanent disablement to the extent of 11% of Mc.Bride's scale as a result of the accident. M.A.C.A.No.301 of 2008 3 4. We are persuaded to agree that the amount of Rs.15,260/- awarded by the tribunal requires re-consideration. We are not satisfied that just and reasonable compensation has been awarded but, we do note that the original disability certificate has not been produced before court and the same has not been proved satisfactorily. We are, in these circumstances, satisfied that the ideal course to be followed by this Court now is to send the matter back before the tribunal for fresh disposal. Such course shall advance the interests of justice. The appellant has filed I.A.No.2560 of 2011 to receive additional documents. We are satisfied that the appellant can be given the option to produce all relevant materials before the tribunal when the tribunal takes up the matter for fresh disposal again. 5. In the result, a) This appeal is allowed in part. b) The impugned award is set aside and the tribunal is directed to consider the matter and dispose of the same afresh in accordance with law. c) The Registry shall return all documents produced along with I.A.No.2560 of 2011 to the learned counsel for the M.A.C.A.No.301 of 2008 4 appellant. The appellant shall be at liberty to produce all such documents and adduce all necessary and relevant evidence before the tribunal after remand. d) The parties shall appear before the tribunal on 01/12/2011. The tribunal shall dispose of the matter afresh as expeditiously as possible, at any rate, within a period of four months from 01/12/2011. 6. Hand over copy of this judgment to the learned counsel for the appellant for production before the tribunal. The Registry shall forthwith communicate the directions to the tribunal and shall send back the records to the tribunal such that the records shall be available before the tribunal on 01/12/2011. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge M.A.C.A.No.301 of 2008 5 M.A.C.A.No.301 of 2008 6 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010