IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MACA.No. 2093 of 2005() ------------------------------------ (O.P.(MV) NO.740/02 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, VADAKARA) APPELLANT/CLAIMANT: ------------------------------------ BABU M.K. S/O.CHATHAN, MOORKATH THAZHAKUNIYIL HOUSE, ERAVATTOOR POST, PERAMBRA, KOZHIKODE. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. CHANDRAN, S/O.RAMAN, PUTHUSSERY PARAMBIL HOUSE, KUNNAMANGALAM POST, KOZHIKODE. 2. JAYAN, S/O.PACHU, MANATHANATTU HOUSE, MANASSERY POST, KOZHIKODE. 3. M/S.NATIONAL INSURANCE COMPANY LTD., P.M.TAJ ROAD, KOZHIKODE. BY ADV. SMT.SARAH SALVY – R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2093 OF 2005 = = = = = = = = = = = = = = = Dated this the 10th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Vadakara in O.P.(MV)740/02. The Tribunal awarded a compensation of Rs.3,000/- and it is against that decision, the present appeal is preferred. 2. Learned counsel for the appellant would submit that he was not able to produce documents to convince the tribunal regarding the fracture sustained on the zygomatic arch and also bone fracture on the left side of 3 and 4 ribs besides the fracture on the clavicle joint. He has shown me a copy of the referral O.P. ticket of the Medical College Hospital, Kozhikode which requires consideration by the Court. There is also a report regarding the head injury which would establish that he had some fracture and therefore I feel an opportunity can be given to the claimant to produce the original of those documents before the Tribunal and let in evidence to substantiate the claim. Therefore the award M.A.C.A. 2093 OF 2005 -:2:- under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The appellant is permitted to produce original of the documents evidencing fracture and adduce evidence in support of his contention. Needless to say respondents are also permitted to produce and adduce documentary as well as oral evidence in support of their respective contentions. Parties are directed to appear before the Tribunal on 20.8.08. M.N. KRISHNAN, JUDGE. ul/-