IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 250 of 2009()
1. AYISHA.M.P.W/O.MUHAMMED, AGED 51 YEARS,
... Petitioner
Vs
1. M.V.ABDULLA, S/O.SIRAJUDHEEN HAJI,
... Respondent
2. THE UNITED INDIA INSURANCE CO.LTD.,
3. MUHAMMED RAFI, S/O. ABDULLAKUTTY,
4. THE NATIONAL INSURANCE CO.LTD.
For Petitioner :SMT.K.V.RESHMI
For Respondent :SRI.BABU S. NAIR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :22/02/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 250 OF 2009
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Dated this the 22nd day of February, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kozhikode in O.P.(MV)1048/02.
The Tribunal has awarded a compensation of Rs.8,000/- and
dissatisfied with the same the claimant has come up in
appeal.
2. It is the case of the claimant that she had
sustained a fracture on the forearm. It is also visible from
the award that there was an application for reference to the
Medical Board and it is submitted that the Board had
examined her. Whatever it is there are 14 X-ray films and
the learned Tribunal had ignored it as useless. Whether it is
useless or useful is a matter which requires deeper
consideration. I do not want to add anything further but I
am inclined to grant an opportunity to all concerned to
establish their respective contentions. Therefore the award
under challenge is set aside and the matter is remitted back
M.A.C.A. 250 OF 2009
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to the Tribunal with a direction to permit all concerned to
produce documentary as well as oral evidence in support of
their respective contentions and then dispose of the matter
in accordance with law. If there is a disability certificate
obtained from the Medical Board that also may be properly
considered. Parties are directed to appear before the
Tribunal on 15.3.2010.
M.N. KRISHNAN, JUDGE.
ul/-