IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 MACA.No. 1961 of 2009() ----------------------- OPMV.1198/2004 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: --------------------------------------------- PRAJOSH, AGED 28 YEARS, SON OF VELAYUDHAN, CHERUKATTIL HOUSE, CHETTIKULAM, ELATHUR AMSOM AND DESOM, KOZHIKODE DISTRICT. BY ADVS. MR.JACOB ABRAHAM, SMT.KOCHUMOL KODUVATH. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. SAJITH.C., SON OF RARICHAN, CHERUKATTIL HOUSE, CHETTIKULAM, ELATHUR AMSOM AND DESOM, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO.LTD., TRIPURI BUILDINGS, EAST NADAKKAVU, KOZHIKODE. R2 BY ADV. SMT.A.SREEKALA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1961 OF 2009 = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1198/04. The claimant, a 28 year old man, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.38,500/-. The learned counsel for the appellant would strongly contend before me that the Court has not taken into consideration the seriousness of the injury, the prolonged treatment and the actual expenses incurred for the treatment. It is also argued that he did have some disability which also has not been considered by the Tribunal. A perusal of the award itself would reveal that medical bills for Rs.35,260/- were produced but only Rs.15,000/- was granted stating medical bills are yet to be proved. I think this is not an approach in which the matter should have been dealt with. So also this should not be the way of conduct of the case by the appellant before the Tribunal. I do not want M.A.C.A. 1961 OF 2009 -:2:- to elaborate but suffice to say that an opportunity can be given. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal. Both the parties are permitted to produce documentary as well as oral evidence in support of their respective contentions. Parties are directed to appear before the Tribunal on 16.3.2010. M.N. KRISHNAN, JUDGE. ul/-