IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 MACA.No. 1274 of 2007(B) ----------------------- OPMV.1518/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIONER ---------------------------------- JACOB , S/O. ITTAN, AGED 76 YEARS, THAZHATHOOT HOUSE, KAVALANGADU, NELLIMATTOM. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S)/RESPONDENT: ------------------------------------- 1. P.V.MARKOSE,S/O. VARKEY, PADICKAMATTATHIL HOUSE, THURUTHY P.O. 2. PAUL V. MATHEW VETTUVELYKUDY, VENDUVAZHY KOTHAMANGALAM. 3. M/S. NATIONAL INSURANCE CO. LTD., ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1274 OF 2007 = = = = = = = = = = = = = = = Dated this the 17th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)1518/00. The claimant, a 70 year old man, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.25,650/-. It is against that decision the claimant has come up in appeal. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant would contend, by a mistake or loss of sight medical bills worth Rs.17,041.75 was omitted to be produced before the Tribunal and therefore the Tribunal did not grant any amount towards the medical expenses. It is also contended by him really the fracture sustained is of the fracture of the 3rd rib to 9th rib and not 3rd and 9th rib. It makes a lot of difference and that also requires reconsideration. Since the matter is going back I set aside the entire award and direct the Tribunal to M.A.C.A. 2174 OF 2007 -:2:- decide the matter afresh after permitting all concerned to produce documentary as well as oral 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 16.12.2009. M.N. KRISHNAN, JUDGE. ul/-