IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 MACA.No. 2642 of 2008() ----------------------- OPMV.1519/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): -------------- PHILOMINA OUSEPH W/O.PULIKOTTIL OUSEPH, NADUVILANGADU DESOM, VELOOR VILLAGE AND PO, THALAPPILLY TALUK THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): --------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION FORT, TRIVANDRUM. 2. VENU K.P.,S/O.KAKKANADAN PALLI NANDIKKARA P.O. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------------------- M.A.C.A. NO. 2642 OF 2008 ------------------------------------------ Dated this the 1st day of October, 2009. JUDGMENT This is an appeal preferred against the award of the Motor Accident Claims Tribunal Iringalakkuda in OP(MV) No.1519 of 2003. A lady aged 66 years at the time of the accident has been awarded a compensation of Rs. 31,400/- and aggrieved by the said decision the claimant has come up in appeal. The medical records reveal that the lady had sustained fracture of the right side of occipital born and left frontal bone with contusion. The subsequent CT investigation revealed that a haematoma contusion had disappeared. The disability certificate is produced which is issued by the Elite Mission Hospital which is reputed institution. It is always desirable in cases involving Neuro injuries medical evidence as well as the oral evidence of the parties is adduced so that the tribunal will be in a position to understand the impact of the injury on the person. The learned counsel for the appellant submits before me that the tribunal generally does not permit oral evidence to be adduced in these cases. It has to be understood that in all cases oral evidence may not be necessary when there are admitted facts or the injuries involved are of a M.A.C.A. NO. 2642 OF 2008 2 trivial nature therefore, time of the court can be saved. But there will be case where the court has to really understood the nature of injuries of the claimant to award a proper compensation. I find this is a particular case where the court should have insisted for the examination of the party as well as to adduce medical evidence so that the court will be in a position to understand that the disability mentioned therein is whether as a result of the injuries sustained in the accident or on some other reasons. Therefore, the whole matter requires fresh consideration and therefore, the award under challenge is set aside and the matter is remitted back to the tribunal for fresh consideration with a direction to the tribunal to permit the claimant to examine herself as well as adduce medical evidence in support of her contention and then dispose of the matter in accordance with law. It is desirable that the claimant after her appearance takes out notice to the first respondent KSRTC so that it can be disposed of in its presence. Parties are directed to appear before the tribunal on 18.11.2009. M.N.KRISHNAN, JUDGE. pm