IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 MACA.No. 1056 of 2009() ----------------------- OPMV.2653/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ........................... APPELLANT(S): CLAIMANT ---------------------- M.G.MUKESH, S/O.GOVINDAKUTTY NAIR, AGED 39 YEARS, PILAKKATTUMEETHAL HOUSE, P.O.KOTTOOLI, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS -------------------------- 1. HARINDRAN, BAPUNTE PARAMBATH P.O.MAYYANNOOR, KOZHIKODE. 2. RINEESH, S/O.SIVARAMAN, AGED 24, ALAKKAL HOUSE, S.V.COLONY, P.O.ASHOKAPURAM, KOZHIKODE. 3. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, SEEMA TOWER, NO.11, MAVOOR ROAD, KOZHIKODE. ADV. SRI.K.PRAVEEN KUMAR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ------------------------- M.A.C.A No.1056 OF 2009 ---------------------------------- Dated this the 5th day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV).2653/05. The claimant a 36 year old man sustained injuries in a road accident and he has been awarded a compensation of Rs.2,000/-. Dissatisfied with the same he has filed the appeal. The learned counsel for the appellant had made available before me the charge prepared by the police and submitted. The offence charged are under section 279 and 388 of the IPC which indicates about the grievious nature of the injury. Further reading of the report would also reveal that he has sustained a fracture on the foot and therefore charge is laid under section 338 of the IPC. Unfortunately, the tribunal held that there is no bony injury and it is only a negligible injury and and awarded only a negligible compensation of Rs.2,000/- The matter requires reconsideration. Therefore the award under challenge is set aside. The matter is remanded back to the MACA.No.1056/09 2 Tribunal with a direction to permit the claimant to produce documentary as well as oral evidence in support of his contentions and let the matter be disposed of in accordance with law. Since the Insurance company has not entered appearance here I direct the appellant take out notice to Insurance company for proper disposal of the matter. The claimant is directed to appear before the tribunal on 3.3.2010. M.N. KRISHNAN, JUDGE. Sou.