IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1252 of 2010()
1. RATHEESH T.N., S/O.NARAYANAN,
... Petitioner
Vs
1. THANKACHAN KURIAKOSE, KUDIYIRIKKAL HOUSE
... Respondent
2. KRISHNADAS, S/O.KUTTAPPAN,
3. THE MANAGER, UNITED INDIA INSURANCE CO.
For Petitioner :SRI.V.BINOY RAM
For Respondent :SRI.P.SANTHOSH (PODUVAL)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :26/10/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.NO.1252 OF 2010
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Dated this the 26th day of October, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Irinjalakuda in OP(MV)No.636/2006. The
claimant, a 30 year old man, sustained injuries in a road
accident and the Tribunal has awarded him a compensation
of Rs.34,300/=. It is against that decision, the claimant has
come up in appeal for enhancement.
2. Heard. The main grievance of the claimant is that on
account of the serious head injury sustained, he had neuro
psychological problem and disability certificate had been
produced and it has not been considered by the Tribunal. It
is quite unfortunate that neither the claimant was examined
nor the doctor. Neuro disability is an intrinsic one which
requires medical expert’s evidence. Regarding other
problems that arises of the neuro complaints, examination of
the claimant also will be required.
3. The learned counsel for the appellant would submit
before me that even a proof affidavit was not permitted to
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M.A.C.A.NO.1252 OF 2010
file and therefore the claimant was not examined at all.
I feel this is a fit case where an opportunity can be
given so that the claimant can be examined to find out
whether really he had suffered any disability. Therefore
the award under challenge is set aside and the matter is
remitted back to the Tribunal with a direction to permit the
claimant to get himself examined as well as the expert to
prove the disability and thereafter the Tribunal is directed
to refix the compensation in accordance with law. Needless
to say that other side is also permitted to let in evidence.
The claimant is also directed to take out notice to the
insurance company after he enters appearance. Parties are
directed to appear before the Tribunal on 7.12.2010.
M.N. KRISHNAN, JUDGE.
cl
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M.A.C.A.NO.1252 OF 2010
M.N. KRISHNAN, J.
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A.S.NO.389 OF 2001
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8th day of October, 2010.
J U D G M E N T