IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 MACA.No. 605 of 2009() --------------------------------- OP(MV).1004/2003 OF PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. ................... APPELLANT/PETITIONER: ------------------------------------ V.ANI @ ANIL KUMAR, AGED 30 YEARS, S/O.VELAYUDHAN, VELUTHARAMBATHU HOUSE, P.O.MAKKADA, VIA KAKKODI, KOZHIKODE. BY ADV. MR.JACOB ABRAHAM RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. JAYARAJAN, AGED 33 YEARS, SON OF BALAN NAIR, KUMMANGADI HOUSE, P.O.AMBALAPPADI, ERANHIKKAL, KOZHIKODE. 2. M/S.THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, THRIPURI BUILDING, EAST KOZHIKODE. R1 BY ADV. MR.P.V. KUNHIKRISHNAN. R2 BY ADV. MR.P.MURALEEDHARAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J ===================== MACA No.605 OF 2009 ===================== Dated this the 16th day of October 2009 JUDGMENT This appeal is preferred against the award of the Prl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.1004 of 2003. The claimant, aged 30 years sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.18,000/- with 7% interest. Dissatisfied with the same, the claimant had approached this Court for enhancement. 2. Heard the learned counsel for both sides. A perusal of the reference card issued by the Medical College Hospital, Kozhikode would show that there was extra axial hematoma on the right occipital area with mastoid fracture. It was also seen from the scan report that there was bleeding in the parietal portion on that side. Further, it is revealed that on 13.3.2003, i.e. almost a month after the accident, she again approached the Doctor with the complaints of vertigo. Whether these problems have arisen on account of the injury sustained on the parietal area, etc. are matters which requires consideration by permitting the parties to adduce evidence. Therefore, I set aside the award of the Tribunal and remit the case MACA 605/2009 -:2:- back to the Tribunal with a direction to the Tribunal to permit the parties to produce documentary as well as oral evidence in support of their respective contentions and decide the appropriate compensation which the claimant is entitled to. Parties are directed to appear before the Tribunal on 30.11.2009. MACA is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-