IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 MACA.No. 2400 of 2008() --------------------------------------- OPMV.283/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): PETITIONER: ------------------------- CHACKO K.J., AGED 60 YEARS, S/O.LATE JOSEPH, KAVANAMOLEL HOUSE, POOTHRIKKA KARA, POOTHRIKKA P.O., PUTHENCRUZ. BY ADVS.MR.T.R.SUGUNAN MR.K.P.POULOSE RESPONDENT(S): RESPONDENTS: --------------------------- 1. ASSISTANT GENERAL MANAGER, SOUTH INDIAN BANK LTD., REGIONAL OFFICE, ERNAKULAM. 2. FRANCIS, S/O.CHACKO, KUZHIPILLIL HOUSE, GRAMEENA VAYANASALA ROAD, HOUSE NO.33/2661/A-1, CHALIKAVATTAM KARA, PUNITHURA, ERNAKULAM. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., DIV. OFFICE, JEWEL ARCADE, LAYAM ROAD, COCHIN. R1 & R2 BY ADVS.MR.GEORGE VARGHESE (MANACHIRACKEL), MR.P.R.MILTON, MR.K.J.CHACKOCHAN. R3 BY MR.TITUS MANI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2400 OF 2008 ............................................. Dated this the 28th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Muvattupzha in OP(MV)No.283/2004. The claimant sustained injuries in a road accident in the form of fracture of the ribs and had expended about Rs.4,665/= for the treatment. The Tribunal awarded him a compensation of Rs.20,950/=. It is against that decision the appeal is preferred. 2. The main grievance for the claim is to the effect that he was a contractor by profession having a sizable income and the Tribunal has fixed his income at Rs.1,800/= in spite of production of the income tax return of the claimant. It is also contended that he had sustained disability and had produced a certificate but it has not been taken into consideration and as the doctor could not be brought on a particular day, further opportunity to examine him was denied and therefore the Tribunal did not take into consideration the disability factor at all. The learned : 2 : M.A.C.A.No.2400 OF 2008 counsel for the appellant prays for indulgence and an opportunity to adduce further evidence in respect to the income as well as disability. I am inclined to grant the same. 3. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit the parties concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 1.3.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2400 OF 2008