IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 MACA.No. 1602 of 2008() ------------------------------------- OPMV.1446/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/PETITIONER. ------------------------------------------------------- CHANDRAN, AGED 52 YEARS, S/O.KUMARAN, THANDAMPARAMBIL HOUSE, ROYAL STREET, MUKKATTUKARA, NETTISSERY VILLAGE, THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM SMT.GISA SUSAN THOMAS RESPONDENT(S): RESPONDENTS/RESPONDENTS ---------------------------------------------------------------------- 1. HYDERALY.K.S., AGED 35 YEARS, S/O.SHAMSUDHEEN, KANJIRAMPARAMBIL HOUSE, MANNAMPETTA,KUNNATHUKARA DESOM, OLLUR VILLAGE, THRISSUR TALUK. 2. K.M.ABDUL KHADER, AGED 40 YEARS, X/377-A, KOTTEKAD P.O., THRISSUR DISTRICT-13. 3. UNITED INDIA INSURANCE CO. LTD, SIMIS COMPLEX, KURUPPAM ROAD, THRISSUR, POLICY NO.100606/31405/05440 VALID FROM 5/2/05 TO 04/02/06. ADV. SRI.S.ARUN RAJ FOR R3 SRI.SANTHEEP ANKARATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY delivered THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = M.A.C.A. No.1602 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of November, 2008 J U D G M E N T ---------------------- Koshy, J. This appeal is filed questioning the quantum of compensation awarded by the Tribunal. Liability of the insurance company is admitted. According to the appellant, Rs.2,500/- was fixed as monthly income which is low as the accident occurred in 2000 and as a Painter in the KSRTC, the appellant is entitled to get more than Rs.5,000/- per month and hence the monthly income fixed may be re- fixed. It is also contended that the Doctor certified 39% disability, but the Tribunal fixed only 15% disability. We have sent the appellant for examination by the Medical Board. The Medical Board certified 24% permanent disability. But it is contended that there will be some improvement after complete treatment is over. According to him, he is unable to do the work of a Painter. In any event disability has to be re-fixed by the Tribunal in view of the Medical Board's certificate. It is contended by the appellant that even after the award he had to undergo operation and further medical expenses were incurred. If that be so he has to produce bills. We are of the view that considering the medical certificate and the contentions raised by the appellant, the M.A.C.A. No.1602 of 2008 -: 2 :- quantum of compensation has to be re-fixed by the Tribunal. For that purpose the matter has to be remanded. In the result, the appeal is allowed and the case is remanded. The Tribunal is directed to re-fix the compensation after considering the contentions regarding income, percentage of disability, etc. Both sides can adduce evidence, if any in that regard. Parties are directed to appear before the Tribunal on 2.2.2009. Registry is directed to forward the medical certificate issued by the Medical Board, to the Tribunal immediately. J.B. KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv