IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 MACA.No. 1674 of 2010(F) --------------------------- OPMV.276/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S)/PETITIONER: ---------------------------------- AMRITHA,(MINOR), AGED 10 YEARS, D/O.MURUGESHKUMAR,REPRESENTED BY HER NEXT FRIEND AND GUARDIAN FATHER MURUGESHKUMAR,CHETHIKATTIL HOUSE,ARIMBOOR DESOM,PARAKKAD VILLAGE,ARIMBOOR P.O MUKUNDAPURAM TALUK,THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S)/RESPONDENTS IN OP(MV): -------------------------------------------------- 1. MANAGING DIRECTOR,KERALA STATE ROAD TRANSPORT CORPORATION,FORT,THIRUVANANTHAPURAM. 2. LUCOS,S/O.THOMAS,EZHUKANAL HOUSE, PARAPILLY P.O,POOPARNY,MEENACHAL, KOTTAYAM DISTRICT 686 589. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1674 OF 2010 = = = = = = = = = = = = = = = Dated this the 13th day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)276/07. The claimant, a 7 year old girl, sustained injuries in a road accident and the Tribunal awarded her a compensation of Rs.37,750/-. Unfortunately the claimant did not produce any disability certificate in this case. I say so for the reason that the Tribunal has observed in page 4 of the award, “The petitioner was seen in open Court and it was noticed that even now there is depression on the frontal bone and there is some swelling near the left eye also.” The Tribunal has granted some compensation for deformity. She is a girl. Therefore I think in the fitness of things it is desirable that she is sent to a Medical Board and a certificate is obtained and thereafter permit all concerned to adduce evidence and fix the compensation. Therefore without notice I am disposing of the appeal and the award passed by the Tribunal M.A.C.A. 1674 OF 2010 -:2:- is set aside and the matter is remitted back to the Tribunal with a direction to refer the claimant to a Medical Board to assess the disability and then permit the parties to adduce evidence and then dispose of the matter in accordance with law. The claimant is also directed to take notice to the respondent after she enters appearance before the Tribunal. She is directed to appear before the Tribunal on 28.10.2010. M.N. KRISHNAN, JUDGE. ul/-