IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 MFA.No. 1430 of 2001(A) ---------------------------------- OPMV.1969/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT: PETITIONER ------------------- BIJU VISWAM T.S., S/O. T.S.VISWAMBHARAN, RESIDING AT THERAMBIL HOUSE, XXI/314, POOTHOLE P.O., THRISSUR. BY ADV. SRI.V.CHITAMBARESH RESPONDENTS: RESPONDENTS ----------------------- 1. M.SALEEM, RESIDING AT HOUSE NO.1, WARD NO.XI, CALLARATHI, KOZHINJAMPARA, PALAKKAD DISTRICT. 2. SHAJAHAN, S/O. KAMALUDHEEN, RESIDING AT HOUSE NO.C.80/A, C.T.C.COLONY, KOTTOOR ROAD, POLLACHI. 3. THE DIRECTOR OF INSURANCE, KERALA STATE INSURANCE DEPARTMENT, THIRUVANANTHAPURAM. 4. K.K.AMMINI, RESIDING AT THERAMBIL HOUSE, POOTHOLE P.O., THRISSUR. 5. RAJU RAJAN, S/O. T.S.RAJAN, RESIDING AT THERAMBIL HOUSE, THRITHALLUR P.O., CHAVAKKAD TALUK, THRISSUR. 6. THE DIRECTOR OF INSURANCE, KERALA STATE INSURANCE DEPARTMENT , THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW - R6 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1430 of 2001 ------------------------------------- Dated 7th February, 2008 JUDGMENT Koshy,J . Appellant/claimant met with an accident by which he sustained serious injuries. But, Tribunal has awarded only a total compensation of Rs.1,23,000/= against a claim of Rs.25,00,000/=. The medical expenses granted was only Rs.50,000/=. According to the appellant, hip replacement was needed. The accident occurred on 8.7.1994. At that time, hip replacement process was not available in India and that was necessary. The doctor was also examined for the appellant. According to the appellant, he spent Rs.2,00,000/=. Insurance coverage is admitted. The accident is also admitted. Therefore, quantum of compensation alone is in dispute especially with regard to the reimbursement of medical expenses. Doctor was examined as PW2. Tribunal did not award compensation on a scientific method. If the whole body disability is not assessed by the doctor, he could have been referred to the Medical Board for assessing the same. Compensation for disability and consequent loss of earning power should be calculated on a scientific method taking second schedule as guidance. The appellant produced additional documents before this court along with C.M.P.No.7127 of 2002. Considering the additional documents, we MFA.1430/2001 2 are of the opinion that the matter needs reconsideration by the Tribunal. Therefore, we remand the matter only regarding the question of quantum of compensation to be awarded. Therefore, we remand the matter for fresh adjudication on the question of quantum of compensation. Both sides are allowed to adduce further evidence to that aspect. We are of the opinion that contesting respondents also should give an opportunity to contest correctness of the additional documents produced. Therefore, the additional documents filed before this court along with C.M.P.No.7127 of 2002 also should be sent back to the Tribunal by the Registry and documents have to be proved according to law by the parties. Without expressing any opinion regarding the merits of the matter, in view of the production of the additional documents we remand the matter. Tribunal shall reconsider the question of quantum of compensation. Parties shall appear before the Tribunal on 1.4.2008. Appeal is allowed by way of remand. J.B.KOSHY JUDGE K.HEMA JUDGE tks