IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 MACA.No. 1509 of 2006(A) ------------------------ OPMV.94/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): APPELLANT. ------------------------ SUNNY JOHN, S/O.JOHN, PALLATTUMADATHIL HOUSE, KATTACHIRA P.O., KOTTAYAM DISTRICT RESIDING AT VADAKKUPURATHU HOUSE, KIDANGOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, REPRESETNED BY HIS POWER OF ATTORNEY HOLDER C.J.JOSEPH,VADAKKEPURATHU, KIDANGOOR,KOTTAYAM DIST BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): --------------- 1. REGI, S/O.PRABHAKARAN, THEKKETHOTTIYIL HOUSE, ETTUMANOOR VILLAGE, PUNNATHURA WEST P.O., KOTTAYAM DISTRICT. 2. P.D.LUKOSE, POTTAGAYIL HOUSE, CHERUVANDOR, ETTUMANOOR P.O. 3. THE NEW INDIA ASSURANCE CO. LTD, ETTUMANOOR. ADV. SRI.P.G.GANAPPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15.6.2009 , THE COURT ON 15/06/2009 PASSED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ```````````````````````````````````````````````````` M.A.C.A. No. 1509 OF 2006 A ```````````````````````````````````````````````````` Dated this the 15th day of June, 2009 J U D G M E N T Joseph, J. Appellant is the claimant. The appellant suffered injuries on 27.8.2002 as a result of a motor vehicle accident and he filed an application for claim under section 166 of the Motor Vehicles Act. The Tribunal has awarded a total amount of Rs.42,943/-. 2. We heard learned counsel for the appellant and learned counsel for the insurance company. Learned counsel for the appellant would point out that the appellant suffered injuries to his head. Ext.A24 is the treatment certificate which shows that the appellant had active bleeding from ear and lacerated wound on the dorsum of index finger. It is the case of the appellant that he had post-traumatic seizure after the accident and there was bleeding from the brain as evident from Ext.A24. It was operated on 2.9.2002. According to the Neuro Surgeon, who issued Ext.A24, the appellant has post-traumatic seizure disorder. The appellant has produced certain documents after filing the appeal. MACA.1509/06 : 2 : The case of the appellant is that his wife is working in England as a nurse and she has taken him to England. There he consulted a doctor and the documents produced are said to be issued by the doctor who treated him. Learned counsel for the appellant would submit that the amount awarded for compensation on account of the head injury has not been arrived at in a correct way. He would submit that the appellant is coming shortly to India on 26.7.2009 and he would submit that the appellant will subject himself to be examined by a Medical Board which can assess the actual disability and he submits that an opportunity may be given to the appellant and the matter may be remanded back. We think that the said request is reasonable and that can be granted. Accordingly, the appeal is allowed to the extent of setting aside the award and remitting it back with opportunity to parties to adduce evidence. Since the insurance cover is not in dispute, the parties shall appear before the Tribunal on 15.7.2009. (K.M.JOSEPH, JUDGE) (M.L. JOSEPH FRANCIS, JUDGE) aks