IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 MACA.No. 449 of 2010(B) ----------------------------- OPMV1294/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------------------- NATIONAL INSURANCE COMPANY LTD., KOTTAYAM REPRESENTED BY ITS DIVISIONAL MANAGER. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): CLAIMANT ---------------------------------- JUSTIN JOSEPH, S/O. JOSEPH, RESIDING AT MACHIYANICKAL HOUSE, KURINJIPLAVU, MOONNILVU KARA,MOONNILVU VILLAGE. ADV. SRI.MANUEL KACHIRAMATTAM FOR R SMT.MERRY GEORGE FOR R THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 449 OF 2010 = = = = = = = = = = = = = = = Dated this the 23rd 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, Pala in O.P.(MV)1294/08. The claimant, a 23 year old student, sustained injuries in a road accident. The Tribunal has noted that X-ray shows fracture of right first to fourth metatarsal and dislocation of the joint and that the claimant is a student. The Tribunal awarded Rs.6,000/- for loss of three months study days as loss of earnings. I feel such an approach is totally erroneous. As far as the disability certificate is concerned the Tribunal opines that it seems to be correct and therefore accepts it and passes an award. It is true that in Motor Accident Claims cases the claimant who had sustained injuries are entitled to compensation and it must be just and reasonable. But it shall not be on the mere whims and fancies of the Courts. Disability is a matter which has to be seriously taken note of. Even the Tribunal was not sure that it is correct or M.A.C.A. 449 OF 2010 -:2:- not. That is why it has carefully used the words 'seems to be correct'. I do not want to elaborate further but the matter requires reconsideration. Therefore I set aside the award and remit the case back to the Tribunal with a direction to the Tribunal to refer the claimant to a Medical Board for assessing the disability and thereafter give opportunities to both the sides to adduce evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 3.9.2010. M.N. KRISHNAN, JUDGE. ul/-