IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 MACA.No. 2166 of 2010(B) ------------------------------------- [O.P(MV).NO.853/2008 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE] .................... APPELLANT/PETITIONER: ------------------------------------- UMESH.T.K, AGED 31 YEARS, S/O.UNNIKRISHNAN, THRIKKANDAMBALATH VEEDU, VATTOLI BAZAR POST,BALUSSERY VIA., KOZHIKODE. BY ADVS. SRI.V.S.CHANDRASEKHARAN, SMT.LEKSHMI SWAMINATHAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. SHAJU, S/O.GOPALAN, AGE NOT KNOWN, RESIDING AT SREYAS, KAKKOOR, NANMINDA, KOZHIKODE-PIN-673 613. 2. THE NEW INDIA ASSURANCE CO.LTD, DIVISIONAL OFFICE, SILVER PLAZA BUILDING, I.G.ROAD, KOZHIKODE. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2166 OF 2010 = = = = = = = = = = = = = = = Dated this the 15th day of December, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)853/08. The claimant, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.18,250/-. The grievance of the claimant is that the Tribunal has not considered the materials properly. Ext.A2 treatment certificate is produced. Ext.A3 bill is produced for Rs.14,100/-. The scan reports and case records are also produced. It is seen that the claimant had sustained a fracture on the mandible, a fracture on the tooth but the Tribunal rejected the claim for medical expenses but gave only M.A.C.A. 2166 OF 2010 -:2:- Rs.1,000/- whereas the claimant is claiming Rs.14,100/-. It is true that the claimant has not examined any person or himself and so he was not in a position to explain to the Court regarding the treatment and the expenses incurred. I feel an opportunity has to be given. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce both documentary as well as oral evidence in support of their respective contentions and decide the matter afresh in accordance with law. The parties are directed to appear before the Tribunal on 24.1.2011. As the respondent had not appeared before this Court, the claimant is directed to take out notice to them for a proper trial of the matter. M.A.C.A. 2166 OF 2010 -:3:- It is also made clear that there is some mistake in the number given to the vehicle. Let it be also corrected by the Tribunal. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.