Judgment · High Court · 2010

M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1534 OF 2010.............................................Dated this the 1st day of November, 2010. J U D G M E N T This is an appeal preferred against the award of theClaims Tribunal, Irinjalakuda in OP(MV)No.437/2006. Theclaimant, a lady, sustained injuries in a road accident andshe has been awarded a compensation of Rs.45,550/= ofwhich Rs.24,450/= represents medical expenses alone. Theclaimant aggrieved by the same has come up in appeal forenhancement.2. Heard. Here is a case where the claimant sustainedfracture of the humerus and produced a disability certificateof 7%. The court noticed the presence of the claimant andheard the complaint about her inability to lift the handabove the shoulder level. Somehow or other the court didnot accept it. When such is the situation it is alwaysdesirable that the party and the doctor who issued thedisability certificate are examined so that there can be aclear picture for the court regarding disability if any of theparty or the difficulties faced by the party. Therefore I am : 2 :M.A.C.A.NO.1534 OF 2010inclined to grant an opportunity. Since the matter is goingback, I direct the Tribunal to reconsider the adequacy ofcompensation once again. 3. Therefore the award under challenge is set asideand the matter is remitted back to the Tribunal with adirection to all concerned to produce documentary as well asoral evidence in support of their respective contentions andthen dispose of the matter in accordance with law. Partiesare directed to appear before the Tribunal on 13.12.2010.Disposed of accordingly. M.N. KRISHNAN, JUDGE.cl : 3 :M.A.C.A.NO.1534 OF 2010M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001.............................................8th day of October, 2010. J U D G M E N T