IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 MACA.No. 3197 of 2009() ----------------------- OPMV.1284/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV): ------------------------------------------------------------ BABYMON.M.K., S/O.KRISHNANKUTTY, MATTIL HOUSE, NOOLUVALLI DESOM, MATTATHUR VILLAGE, CHEMBOCHIRA P.O -680 684, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY, SRI.A.N.SANTHOSH. RESPONDENT(S): RESPONDENTS IN OP(MV): -------------------------------------------------------------------- 1. M.K.MOHANAN, S/O.KRISHNANKUTTY, NOOLUVALLI, CHEMBOOCHIRA P.O. 2. UNITED INDIA INSURANCE CO.LTD., PARK HOUSE, ROUND NORTH, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.3197 OF 2009 ............................................. Dated this the 24th day of June, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.1284/2004. It was an application filed under Section 163 A of the Motor Vehicles Act. It was a self accident. As per a Full Bench decision which is in force now, the persons involved in a self accident are entitled to claim compensation. But, a Division Bench of this Court has doubted the correctness of the same and the matter is pending before a Larger Bench for consideration. But the reason for dismissal of the claim petition was that the claimant did not substantiate that he has sustained disablement as contemplated under Section 163 A of the Motor Vehicles Act. The disability certificate was produced and unfortunately it has not been proved by the doctor who had issued it. The injury sustained is serious fracture of the patella. 2. Therefore I feel that there will be disablement but subject to medical evidence. So, I am inclined to grant an : 2 : M.A.C.A.NO.3197 OF 2009 opportunity to consider the matter afresh making it very clear that regarding the maintainability in a self accident, the Tribunal has to look into that aspect and decide especially when a decision of the Full Bench is doubted by the Division Bench and referred to a Larger Bench. The Tribunal may wait for a decision also on the same. Meanwhile the Tribunal can permit the claimant to adduce evidence to prove the disablement contemplated under Section 163 A of the Motor Vehicles Act. 3. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective claims and then dispose of the matter in accordance with law. After appearance, the claimant is directed to take out notice to the respondents for further trial. The appellant is directed to appear before the court below on 26.7.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.3197 OF 2009 : 4 : M.A.C.A.NO.3197 OF 2009