IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 MACA.No. 1865 of 2010() ------------------------------ OPMV.598/2003 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONER --------------------------------- BASHEER, AGED 50 YEARS, S/O.SHAMSUDEEN, SULEKHA MANZIL, THIRUMALA WARD, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): RESPONDENTS -------------------------------------- 1. SASIDHARAN, S/O.SREEDHARAN, CHULLIYIL HOUSE, KUTHIRAPANTHI WARD, ALAPPUZHA – 688 001. 2. DASAPPAN ANTONY, ARAYASSERIL HOUSE, THUMBOLI (P.O), ALAPPUZHA – 688 001. 3. THE NATIONAL INSURANCE COMPANY LIMITED, ALAPPUZHA BRANCH, REPRESENTED BY ITS MANAGER. PIN – 688 001. R3 BY ADVS. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1865 OF 2010 = = = = = = = = = = = = = = = Dated this the 2nd day of December, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV) 598/03. The claimant, a head load worker by profession, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.20,750/- with 6% interest. There was also a clause for recovery of the amount from the owner. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. It has been brought to the notice of the Court that the claimant has moved an application before the Tribunal to refer him to a Medical Board for the purpose of ascertaining the permanent disability but unfortunately the Tribunal did not refer him and dismissed the application. It has to be borne in MA.C.A. 1865 OF 2010 -:2:- mind that the nature of work of the claimant is carrying heavy load on his head which requires a very strong leg therefore it was necessary to have the particulars of disability if any for a proper disposal of the matter. The Tribunal should not have light heartedly rejected the request of the claimant. Therefore I am inclined to give an opportunity with a direction to the Tribunal to refer the claimant to a Medical Board to ascertain the permanent disability. 3. In the result the M.A.C.A. is allowed and the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to refer the claimant to a Medical Board for examination and to ascertain disability and thereafter permit all concerned to produce both documentary as well as oral evidence in support of their respective contentions and then to dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 3.1.2011. MA.C.A. 1865 OF 2010 -:3:- It is made clear that the claimant will not be entitled to any interest from 10th July, 2008 to 30.8.2010. The claimant is directed to take out notice to respondents 1 and 2. M.N. KRISHNAN, JUDGE. ul/-