IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 MACA.No. 2245 of 2007(C) ----------------------- AGAINST AWARED DT.17/5/06 IN O.P.(MV)1472/93 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM. APPEALLANT/ APPELLANT: --------------------------- STEAPHEN JOSEPH, PUHTHENVEEDU, THILLERY WARD, MUNDAKKAL VILLAGE, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENTS: RESPONDENTS: ------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE CASHEW DEVELOPMENTS CORPORATION LTD., KOCHUPILAMMOODU, KOLLAM. 2. THE DISTRICT INSURANCE OFFICER, DISTRICT INSURANCE OFFICE, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN, SC, KSCDC LTD. FOR R.1 SR. GOVERNMENT PLEADER SRI. V.T.K. MOHANAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2245 OF 2007 = = = = = = = = = = = = = = = Dated this the 19th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kollam in O.P.(MV)1472/93. According to the appellant the accident took place when on the request of the driver of the lorry bearing Reg.No.KLQ 8018 to help to start the engine of the vehicle, the petitioner pushed the lorry and in the process the back wheel of the lorry run over the leg resulting in fracture and crush injuries. The Tribunal dismissed the case on the ground that the negligence has not been proved and therefore the claimant is not entitled to compensation u/s 166 of the M.V.Act. Now, it is submitted that if really the claimant had sustained injuries amounting to permanent disablement as contemplated u/s 140 of the M.V. Act and at least he is entitled to get the amount under no fault liability. Since the accident had taken place on 21.6.92 it may not be possible to bring in S.163A of the M.V.Act. Therefore I direct the Tribunal to consider the M.A.C.A. 2245 OF 2008 -:2:- permanent disablement as contemplated u/s 140 of the M.V.Act and in such case to award him compensation as per law. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. Parties are directed to appear before the Tribunal on 3.11.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-