IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 MACA.No. 1344 of 2005() ----------------------- OP MV.1019/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER -------------------------- V.V.SAJITH ALIAS SANIL, S/O.VASU, VETTIYATTIL HOUSE, KIZHUTHANI P.O., THANISSERY, IRINJALAKUDA, THRISSUR DT. BY ADV. SRI.V.BINOY RAM RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. K.B.BADARUDIN, S/O.BEERAN, KARAPPAMMUTTAM, VALAPPAD (VIA), (OWNER) THRISSUR DT. (OWNER). 2. A.K.RAVEENDRAN, S/O.RAMAN, ARIPINI HOUSE, KUTTEMANGALAM DESOM, EDATHRINJI VILLAGE, THRISSUR DT. (DRIVER). (DRIVER) 3. THE MANAGER, UNITED INDIA INSURANCE, CO.LTD., ALENGADAN BUILDING, TANA, IRINJAALAKUDA, THRISSUR DT. BY ADV. SRI.C.V.BIMAL ROY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1344 OF 2005 --------------------- Dated this the 15th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1019/98. The claimant sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.11,795/-. 2. Learned counsel for the appellant very strongly contends before me that the Tribunal has grossly erred in rejecting the disability certificate in spite of examining the Doctor. I feel the main point noted by the Doctor is facial disfigurement, incoherent talk and diminished memory. These matters can be found out by directing the Medical Board to examine him to find out the truthfulness of it. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The appellant is directed to file an application to send him before the Medical Board. On such an application, the Tribunal shall refer him to a Medical Board to be constituted by the Superintendent of the Medical College, Thrissur, which must specifically include a Neurophysician or a Neurosurgeon. On receipt of the certificate and after hearing all concerned, the Tribunal shall consider the matter afresh and pass an appropriate award. Parties are directed to appear before the Tribunal on 26.8.08. M.N.KRISHNAN, JUDGE vps