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Reenimol

High Court Of Kerala|18 December, 2014
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JUDGMENT / ORDER

Ramachandran Nair , J.,
This appeal is filed by the claimant seeking enhancement of the quantum of compensation. Along with I.A. No. 3839/14. Petitioner has produced Annexure A1 certificate issued by the Department of Orthopedics, Ernakulam Medical Centre, as discharge summary. The certificate is issued in the name of Smt. Beevi Nafeesa and the learned counsel explained that after the disposal of O.P.(MV) she has converted and adopted the new name. On these aspects she will have to adduce evidence before the Tribunal, since the certificate is in the name of Beevi Nafeesa.
2. The point raised by the learned counsel for the appellant is that she had to continue the treatment for a long time and therefore, the said aspect may be directed to be considered by the Tribunal for fixing adequate compensation. Therefore, she seeks a fresh opportunity for adducing evidence.
3. As far as enhancement sought on the ground of continued treatment, it is only proper that the matter is considered by the Tribunal since all the parties will have to get opportunity to contest the case and adduce evidence if any. In that view of the matter, we allow the appeal and permit the appellant to adduce further evidence before the Tribunal. The compensation already awarded by the Tribunal is not disturbed and the question of grant of further amount will be considered by the Tribunal. We permit the appellant to file an application for amendment of the claim petition seeking appropriate reliefs.
4. By the interim order dated 3.3.2014, this Court directed the Superintendent, General Hospital, Ernakulam to make arrangements for assessment of the permanent disability suffered by the petitioner by the Medical Board. The certificate of the Medical Board has been forwarded to this Court by the Superintendent by letter dated 19.4.2014 which shows that the whole body permanent physical disability is certified as 55%. The said certificate will be forwarded by the Registry to the Motor Accidents Claims Tribunal, Ernakulam for consideration by the Tribunal itself. The appeal is allowed to the extent and O.P. (MV) No. 1193/04 is remanded for further consideration. The award is vacated to the above extent. The document produced along with I.A. 3839/14 will be returned to the appellant for producing before the Tribunal. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
Sd/- P.V.ASHA (JUDGE) True copy P.A to Judge
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Title

Reenimol

Court

High Court Of Kerala

JudgmentDate
18 December, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha
Advocates
  • K Janardhanan Sri
  • Raj