IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 MACA.No. 2223 of 2006() ---------------------------------- OPMV.1472/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) -------------------------------------------------- ANTU, S/O. ANTHONY, THANDIYEKKAL HOUSE, KALLETTUMKARA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV) -------------------------------------------------------------- 1. P.P.DAVIS, PUDUKKADAN HOUSE, MARKET ROAD, IRINJALAKUDA P.O. 2. ANOOP, KANDAMPARAMBIL HOUSE, EDAMUTTOM P.O. 3. MANAGER, NATIONAL INSURANCE CO. LTD., IRINJALAKUDA. BY ADV. SRI.RAJAN P.KALIYATH - R.3 SRI.MURALI PURUSHOTHAMAN - R.1 SRI.DEEPU LAL MOHAN - R.1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.2223 OF 2006 ===================== Dated this the 26th day of June 2008 JUDGMENT This appeal is preferred against the judgment of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.1472 of 2000. The claimant sustained dislocation of his right shoulder and he was admitted in the hospital as an inpatient for a period of 2 days. The Tribunal has awarded a compensation of Rs.24,070/-. It is against that decision the present appeal is filed. 2. During the pendency of the appeal, the appellant has produced documents as per I.A.No.1570 of 2008. Those documents are produced to show that on account of this dislocation again he had been readmitted in the hospital on 27.12.2006 and discharged on 30.12.2006 and has incurred a sum of Rs.37,391.50. The last document produced before the Tribunal was the disability certificate which was of the year 2005. Whether these things had become necessary on account of the injury sustained in the accident is a larger question to be decided. Learned counsel for the appellant would submit that if an opportunity is given to him he will be able to prove those MACA 2223/2006 -:2:- documents, examine the Doctor and convince the Tribunal regarding his case. I feel an opportunity has to be given. It is also contended that on many heads the compensation awarded is inadequate. The entire things can be considered after giving equal opportunity to all concerned. Therefore the award under challenge is set aside. I.A.No.1570 of 2008 is allowed and the matter is remitted back to the Tribunal for fresh consideration after permitting both sides to produce documentary as well as oral evidence in support of their respective contentions. The Registry is also directed to forward the documents produced along with I.A.No.1570 of 2008 so that the Tribunal can consider the same and dispose of the matter. Parties are directed to appear before the Tribunal on 5.8.2008. M.N.KRISHNAN, JUDGE Cdp/-