IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 MACA.No. 825 of 2010(C) ---------------------- OPMV.983/2005 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, NORTH PARAVUR. .................... APPELLANT(S): /2ND RESPONDENT IN OP -------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., REPRESENTD BY THE AUTHORISED SIGNATORY, THE ORIENTAL INSURANCE CO.LTD, REGIONAL OFFICE, METRO PALACE, ERNAKULAM NORTH,KOCHI-18. BY ADV. SRI.A.R.GEORGE RESPONDENT(S): /CLAIMANT & 1ST RESPONDENT IN THE OP. --------------------------------------------------------------- 1. MNSUNDARAN, NARAYANAN, MADAMBI HOUSE, THEVARAKKAD, VARAPUZHA,N.PARAVUR, ERNAKULAM DISTRICT. 2. VK SURESH, VADAKKUMVEETIL HOUSE, P.O.PULIYAN, PARAKKADAVU, ANGAMALI, ERNAKULAM DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 825 OF 2010 = = = = = = = = = = = = = = = Dated this the 15th day of July, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)983/05. The claimant moved an application for compensation and the Tribunal has awarded a sum of Rs.53,480/- out of which Rs.24,480/- represents permanent disability compensation. The learned counsel for the insurance company would contend that the Tribunal had arrived at a decision without any materials on record. It is true that he had sustained fracture. But the sustainment of fracture by itself would not lead to an inference of disability. Neither the claimant is examined nor any document is produced to prove that he had sustained disability on account of the injuries sustained. Therefore a wild guess of the Tribunal cannot be a substitute for proper proof. Therefore the award requires interference. M.A.C.A. 825 OF 2010 -:2:- 2. The award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the Tribunal to refer the claimant to a Medical Board to assess the disability and then dispose of the matter in accordance with law. The insurance company is directed to take out notice to the claimant after it enters appearance before the Tribunal. Parties are directed to appear before the Tribunal on 20.8.10. I make it very clear that if the claimant does not co-operate after receipt of notice then the Tribunal is at liberty to dispose of the matter ignoring the disability. The amount lying in Court deposit shall remain in deposit until a final decision is taken in the matter. M.N. KRISHNAN, JUDGE. ul/-