IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 MACA.No. 1107 of 2009(B) ----------------------- IOMV.1397/2004 of M.A.C.T.,KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV -------------------------------- BERANKOYA, S/O. MAMMUNNI, AGED 30 YEARS, MANJAROADEN, KANIYADATHUMADU HOUSE, PUTHOORPALIKKAL, KOONOL MADU, MALAPPURAM DIST. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT(S)/RESPONDENTS: ------------------------------------------ 1. THE PRINCIPAL, AIR PORT SENIOR SECONDARY SCHOOL, CALICUT AIR PORT MALAPPURAM DIST. 2. UNITED INDIA INSURANCE CO. LTD. CITY BRANCH-1, RAMEEZ, ARCADE, FLY OVER JUNCTION CHEROOTYROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1107 OF 2009 = = = = = = = = = = = = = = = Dated this the 16th day of November, 2009. 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)1397/04. The claimant who sustained injuries in a road accident has been awarded a sum of Rs.4,500/-. I am unable to understand what is meant in paragraph 7 of the award. The learned Tribunal held that X-ray revealed fracture of the fibula and in the next sentence it is written but there is absolutely no evidence to support the said fracture. I am not able to understand what the learned Tribunal meant by the same. Similarly, as usual the Tribunal gives a finding of 50% of negligence and it derives its own power at the end to reduce the compensation by 10%. These are all known to law and therefore absolutely an unsatisfactory award is passed which requires interference at the hands of this Court. Therefore the award under challenge is set aside and M.A.C.A. 1107 OF 2009 -:2:- the matter is remitted back to the Tribunal for fresh consideration by permitting all concerned to adduce documentary as well as oral evidence in support of their contentions. The appellant after entering appearance before the Tribunal shall take out notice to the other parties for a proper disposal of the case. Parties are directed to appear before the Tribunal on 16.12.2009. M.N. KRISHNAN, JUDGE. ul/-