Libin Johny vs M.A. Girija Vallabhan, Jinesh and United India Insurance Co. Ltd.

M.N. Krishnan, J.—After going through the award I think the matter is to be reconsidered by the Tribunal and therefore the appeal is disposed of without notice to the other side.

This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1763/05. The claimant sustained a fracture on the clavicle and produced a disability certificate showing 9% permanent disability and he was a diploma holder in civil engineering but was a student at the time of the accident. The Tribunal did not consider the disability certificate at all obviously for the reason that nobody has been examined. A perusal of the disability certificate made available before me would reveal that there was a malunion of the clavicle with limitation of movements etc. I feel this is a fit case where a further enquiry is necessary and therefore I set aside the award, remit the case back to the Tribunal with a direction to refer him to a medical board and then 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. Since I am not issuing notice to the other side the appellant on appearance before court below shall take out notice to the other respondents. The claimant is directed to appear before the Tribunal on 16.9.2010.