IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2223 of 2006()
1. ANTU, S/O. ANTHONY,
... Petitioner
Vs
1. P.P.DAVIS,
... Respondent
2. ANOOP,
3. MANAGER,
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.RAJAN P.KALIYATH
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :26/06/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.2223 OF 2006
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Dated this the 26th day of June 2008
JUDGMENT
This appeal is preferred against the judgment of the Motor Accidents
Claims Tribunal, Irinjalakkuda in O.P.(MV)No.1472 of 2000. The claimant
sustained dislocation of his right shoulder and he was admitted in the
hospital as an inpatient for a period of 2 days. The Tribunal has awarded a
compensation of Rs.24,070/-. It is against that decision the present appeal is
filed.
2. During the pendency of the appeal, the appellant has produced
documents as per I.A.No.1570 of 2008. Those documents are produced to
show that on account of this dislocation again he had been readmitted in the
hospital on 27.12.2006 and discharged on 30.12.2006 and has incurred a
sum of Rs.37,391.50. The last document produced before the Tribunal was
the disability certificate which was of the year 2005. Whether these things
had become necessary on account of the injury sustained in the accident is a
larger question to be decided. Learned counsel for the appellant would
submit that if an opportunity is given to him he will be able to prove those
MACA 2223/2006 -:2:-
documents, examine the Doctor and convince the Tribunal regarding his
case. I feel an opportunity has to be given. It is also contended that on many
heads the compensation awarded is inadequate. The entire things can be
considered after giving equal opportunity to all concerned.
Therefore the award under challenge is set aside. I.A.No.1570 of
2008 is allowed and the matter is remitted back to the Tribunal for fresh
consideration after permitting both sides to produce documentary as well as
oral evidence in support of their respective contentions.
The Registry is also directed to forward the documents produced
along with I.A.No.1570 of 2008 so that the Tribunal can consider the same
and dispose of the matter. Parties are directed to appear before the Tribunal
on 5.8.2008.
M.N.KRISHNAN, JUDGE
Cdp/-