IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 MACA.No. 823 of 2004(B) ------------------------------ OPMV.1927/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONER. ----------------------------------- MN.BABU, S/O.NARAYANA, MANGATTORAM HOUSE, ARUNOOTTIMANGALAM KARA, ARUNOOTTIMANGALAM P.O. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S)/ RESPONDENTS : --------------------------------------- 1. ALWEXANDER JOSEPH,S/O.JOSEPH, VAZHUTHANAPALLIL, KURUPPANTHARA, MANJOOR P.O. 2. REJI S/O.CHACKO, ANCY BHAVAN, MUMMURI KARA, MANJOOR VILLAGE. 3. NEW INDIA ASSURANCE CO.LTD., ETTUMANOOR. ADV. SMT.M.HEMALATHA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 823 OF 2004 = = = = = = = = = = = = = = = Dated this the 5th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1927/97. The claimant, a 36 year old man sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.11,750/-. It is dissatisfied with the same the claimant has come in appeal. 2. Learned counsel for the appellant would contend before me that this is a case where it requires further consideration for the reason that the claimant sustained serious injury on the spine in the accident and it has affected his capacity to work and he has also produced a disability certificate of 19% which has not been considered by the Tribunal. The Tribunal did not consider those documents for the reason that such a wound or injury was not noted in the wound certificate. But there has been a reference to the Medical College Hospital and there was complaint of pain on M.A.C.A. 823 OF 2004 -:2:- the back of the lumbo-sacral spine with tenderness. He was admitted and advised to take X-ray and the said Medical College prescription is dated 30.1.97. If really as a result of the accident he had sustained an injury on the spine then it is a matter that requires serious consideration by the Court. Therefore I am inclined to grant him an opportunity to prove the same by summoning or getting copies of proper documents and prove by evidence that the injury was on account of the accident and thereafter the Tribunal shall try to dispose of the matter. Needless to say, the insurance company also be permitted to contest the case challenging the correctness of the said contention raised by the appellant. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration by permitting all 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 12.1.09. M.N. KRISHNAN, JUDGE. ul/-