IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2816 of 2009()
1. THE ORIENTAL INSURANCE CO. LTD.
... Petitioner
Vs
1. MARTIN.M.R. S/O. RAPHAEL
... Respondent
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent :SRI.G.BALAMURALEEDHARAN (PARAVUR)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/03/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2816 OF 2009
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Dated this the 15th day of March, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, North Paravur in O.P.(MV)554/04.
The claimant who had sustained a fracture on the upper end
of the right tibia is assessed 7% disability by the Tribunal
and the compensation is calculated. Assessment of disability
without the help of a disability certificate under ordinary
circumstances is a very hazardous task which a Court cannot
afford to take. If the Court feels a person is having
disability, the Court has got the power under the provisions
of the M.V.Act to refer that person to a Medical Board and
obtain a report or certificate as the case may be and after
hearing the parties concerned can award compensation.
There are cases where disability certificates are produced
and the Courts are in the habit of decreasing or increasing
the disability and calculate the compensation. In such cases
there are at least some materials before the Tribunal given
M.A.C.A. 2816 OF 2009
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by an expert which can be gone into and without those
materials it is not proper for the Tribunal to assess the
disability correctly. I make it very clear that I am not
making any observation to the effect that there is no
disability at all for the petitioner herein. So the methodology
now is to remit the case back to the Tribunal and refer him to
a Medical Board with an expert Orthopedic specialist, get
certificate and then decide the matter in accordance with
law. The insurance company also has the risk of paying
higher compensation if the disability assessed is high. Since
the matter is going back let there be a determination of the
compensation afresh in accordance with law. For that
purpose parties are permitted to produce both documentary
as well as oral evidence in support of their respective
contentions. The Tribunal on appearance of the party is
directed to refer him to a Medical Board and then proceed in
accordance with law. Parties are directed to appear before
the Tribunal on 23.4.2010.
M.N. KRISHNAN, JUDGE.
ul/-