IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 MACA.No. 1845 of 2007() ---------------------------------- OPMV.739/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/PETITIONER IN THE O.P. ------------------- MOHANDAS,S/O. KUTTAPPAN NAIR CHINNU VEEDU, NEDUMONKAVU VAKKANAD P.O. KAREEPRA VILLAGE. KOTTARAKARA TLAUK,KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: RESPONDENTS IN THE O.P ------------------------- 1. SHEEJA B, D/O. BHASKARA PILLAI PEZHOOR VEEDU, KOIKKAL MURI, EAST KALLADA, KOLLAM DISTRICT. 2. K.SUBHASHKUMAR,S/O.VIDYADHARAN NEERAPPUVILA, KUDAVATTOOR P.O. KOTTARAKARA,KOLLAM DISTRICT. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD,KOLLAM. BY ADV. SRI.M.A.GEORGE - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.A.C.A. No.1845 of 2007 --------------------------------------- Dated this the 26th day of February, 2008 Judgment Koshy,J. This appeal is filed by the claimant contending that quantum of compensation awarded by the tribunal was inadequate. Against a claim of Rs.2,50,000/-, the tribunal has awarded only an amount of Rs.47,696/-. Contention of the appellant is that the tribunal did not assess the compensation correctly. According to him, he lost the job and as far as he is concerned, there is 100% disability. It is also stated that doctor has certified 23% disability. Compensation ought to have been granted at least for 23% disability and loss of earning capacity. But, tribunal did not award any compensation for permanent disability. Rs.20,000/- was awarded for loss of amenities and inconvenience in future life. It is also submitted that he was working as a peon in a service co- operative bank and he was getting Rs.2,000/- per month. The tribunal has fixed Rs.2,000/- as the monthly income. According to the appellant, due to the accident, he was unable to go for the job and the bank terminated his service. But, before the tribunal, M.A.C.A.No. 1845/2007 2 permanent disability certificate was not produced. Certificate from the bank was also not produced. Now, photostat copies of the above certificates are produced before this court. We are of the opinion that it should be proved before the tribunal. Therefore, we set aside the award and remand the matter for calculating the compensation due to permanent disability and consequent loss of earning power. Finding of negligence and other matters found by the tribunal are not disturbed. Both parties are allowed to adduce fresh evidence before the tribunal. Both parties are directed to appear before the tribunal on 7.4.2008. This appeal is allowed by way of remand. J.B.Koshy Judge K. Hema Judge vaa M.A.C.A.No. 1845/2007 3 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.A.C.A. No.1845 of 2007 ------------------------------------- Judgment Dated:26th February, 2008