Ramachandran Nair, J.
This appeal is filed by the claimant seeking enhancement of the compensation. It is a case where he sustained injuries in the accident which occurred on 3.1.2008, which are described below:
“Fracture ( R) III metafarsal, fracture ® maxilla zygonate complex and dento alveolar fracture ( R) upper jaw .”
2. The total claim was for Rs. 1,50,000/-. As per the award, Rs. 17,800/- has been awarded with interest @ 7% and costs of Rs. 550/-.
3. It is averred in paragraph 3 of the appeal memorandum that the case was posted for trial on 22.2.2010 and on the same day the Tribunal marked the documents produced by the petitioner and without hearing the petitioner's counsel posted the case for passing award on 23.2.2010. The contention is that the petitioner did not get an effective opportunity to produce medical bills. Before this Court the petitioner has produced as Annexure 1 the certified copy of the proceedings paper of the Tribunal and as Annexure 2 medical bills for approximately Rs. 65,000/-.
4. We heard the learned counsel for the Insurance Company also.
We find from Annexure 1 that on 22.02.2009, the endorsement is that the third respondent filed written statement, there is no representation for the petitioner, documents produced and marked as A1 to A6, heard respondents, for award 23/02/2009 and on 23/02/2009 award has been passed. Therefore we find substance in the averments made by the appellant .
5. It appears that respondents 1 and 2 had not appeared before the Tribunal also. In the light of the view expressed by us, we do not propose to issue notice to them also.
6. Accordingly, we allow the appeal and the award passed by the Tribunal is set aside. The matter is remanded back for fresh consideration. Sufficient opportunity will be given to the appellant and other parties for adducing evidence, both oral and documentary. Since the O.P. is of the year 2009, expeditious steps will be taken to dispose of the matter also.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.