IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MACA.No. 2136 of 2005(D) ------------------------------------- OPMV.263/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER : -------------------------------------- SAJU, S/O.JOHN ZACHARIA (MINOR), REPRESENTED BY FATHER AND NEXT FRIEND, JOHN ZACHARIA MANNOOPPARAMBIL, S.N.PURAM, PAMPADY. BY ADV. SRI.P.K.SIVADASAN NAIR SRI.K.N.GOVINDANKUTTY MENON SRI.S.MADHAVAN NAIR SRI.GNR.UNNITHAN RESPONDENTS/RESPONDENTS : ---------------------------------------------- 1. K.M.KASIRAJAN, S.V.S.NAGAR, JAKKARAPATTI, ANDIPATTI ROAD, PERIYAKULAM. 2. SANATHARAJAN, S/O.RENG SWAMY, SHANMUGHA SUNDARAN BHAGAM, NORTH STREET(DELETED). 3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD., TENI. BY ADV. DR.ELIZABETH VARKEY - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2136 OF 2005 --------------------- Dated this the 2nd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 263/98 for enhancement of compensation. The Tribunal has awarded a compensation of Rs.48,000/-. A perusal of the award would reveal that the young boy sustained fracture of the right femur, separation of distal femural epihysis, head injury and also fracture of the mandible. A Doctor attached to the NSS Mission Hospital, Perunna, issued disability certificate at 20%. The Tribunal took the disability at 10% and proceeded to decide the compensation. 2. The grievance of the claimant is that the Tribunal has erred in not accepting the disability as such. Now in the appeal the claimant has preferred an application with a prayer to refer the claimant to the Medical Board and also for reception of documents which contains that there is shortening of the leg. Along with the documents, photos are also produced and therefore the Learned counsel for the appellant would contend that if he is referred to the MACA No.2136/05 2 Medical Board and if the documents produced are considered, it would reveal that the disability will be higher and that further treatment is necessary and so the claimant will be entitled to additional compensation. Even if I refer the person to the Medical board now, the matter cannot be disposed of by this court for the reason that the other certificates requires proof and on some occasion it may also require corroboration of medical evidence. Therefore the only way out is to set aside the award and remit the matter back to the Tribunal for fresh consideration. The appellant may file an application for referring him to the medical Board or if he chooses only to examine the Doctor who had treated him that also may be permitted and the additional documents also can be produced before the Tribunal for appropriate consideration. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal for the purpose of considering the question as to whether the claimant is entitled to claim enhanced compensation, which means that the compensation already grated will remain in tact and the claimant is at liberty to withdraw the same. The claimant can file an application for referring him to the Medical Board and he can take back the documents which are produced here MACA No.2136/05 3 and produce the same before the Tribunal and request for examination of witnesses. The Tribunal after considering all the materials, dispose of the matter in accordance with law. Needless to say the respondents can also tender additional evidence if they choose to do so. Parties are directed to appear before the Tribunal on 7.8.08. M.N.KRISHNAN, JUDGE vps MACA No.2136/05 4