IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 MACA.No. 1953 of 2008() ----------------------- OPMV.286/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): 3RD RESPONDENT: ------------------------------------------------------ NATIONAL INSURANCE CO. LTD., PALA, REP. BY THE MANAGER, KOCHI REGIONAL OFFICE, M.G. ROAD, COCHIN-35. BY ADV. MR.E.M.JOSEPH RESPONDENT(S): CLAIMANT AND RESPONDENTS 1 AND 2: ---------------------------------------------------------------------------------------- 1. RANJITH, S/O. THANKAPPAN, CHENNAMALA HOUSE, NEAR PEPPER PROTECTION SAMITHI BUILDING, MENOMEDU, CHAKKUPALLAM.P.O, KUMILY, IDUKKI DISTRICT 2. P.M. YOOSUF, POOZHITHARAYIL HOUSE, PARATHODU.P.O, KOTTAYAM. 3. YOOSUF, S/O. MARAKKAR, POOZHITHARAYIL HOUSE, AHNCHILAVU, EDAKKUNNAM VILLAGE, KOTTAYAM. R1 BY ADVOCATES MR.JAMES KURIAN, MR.SANTHOSH MODAYIL R2 BY ADVOCATES MR.TITUS MANI MR.S.SURAJ (PALATHANATHU) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.2326/2008 IN M.A.C.A.NO.1953/2008 DISMISSED 27/01/2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1953 OF 2008 = = = = = = = = = = = = = = = Dated this the 27th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)286/05. The claimant, a 24 year old man sustained injuries in a road accident and he has been awarded a compensation of Rs.85,380/-. A perusal of the award would reveal that he had some head injury for which he was treated as an inpatient in a hospital for a period of six days. A disability certificate is seen issued by a retired civil surgeon that too without any further investigation. He has assessed the disability at 11% and the Tribunal without any hesitation has accepted the said disability certificate. I do not want to say anything at this stage for the reason I am inclined to send back the matter to the Tribunal with a direction to refer him to a Medical Board. The Medical Board shall consist of a neuro-surgeon and after the receipt of the certificate from the Medical Board the matter be reconsidered and M.A.C.A. 1953 OF 2008 -:2:- appropriate award to be passed. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to refer the claimant to the Medical Board and thereafter to decide the matter in accordance with law after affording equal opportunities to all sides to adduce evidence. Parties are directed to appear before the Tribunal on 2.3.09. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-