IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1953 of 2008()
1. NATIONAL INSURANCE CO. LTD., PALA,
... Petitioner
Vs
1. RANJITH, S/O. THANKAPPAN,
... Respondent
2. P.M. YOOSUF,
3. YOOSUF, S/O. MARAKKAR,
For Petitioner :SRI.E.M.JOSEPH
For Respondent :SRI.JAMES KURIAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :27/01/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1953 OF 2008
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Dated this the 27th day of January, 2009
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Pala in O.P.(MV)286/05. The
claimant, a 24 year old man sustained injuries in a road
accident and he has been awarded a compensation of
Rs.85,380/-. A perusal of the award would reveal that he
had some head injury for which he was treated as an
inpatient in a hospital for a period of six days. A disability
certificate is seen issued by a retired civil surgeon that too
without any further investigation. He has assessed the
disability at 11% and the Tribunal without any hesitation has
accepted the said disability certificate. I do not want to say
anything at this stage for the reason I am inclined to send
back the matter to the Tribunal with a direction to refer him
to a Medical Board. The Medical Board shall consist of a
neuro-surgeon and after the receipt of the certificate from
the Medical Board the matter be reconsidered and
M.A.C.A. 1953 OF 2008
-:2:-
appropriate award to be passed. Therefore the award under
challenge is set aside and the matter is remitted back to the
Tribunal with a direction to refer the claimant to the Medical
Board and thereafter to decide the matter in accordance with
law after affording equal opportunities to all sides to adduce
evidence. Parties are directed to appear before the Tribunal
on 2.3.09.
The MACA is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-
