Ramachandran Nair, J. This appeal is filed by the claimant aggrieved by the award in O.P(MV) No.68/2009 of the Motor Accidents Claims Tribunal, Palai.
2. The accident occurred on 16.08.2008. The claimant was riding a motor cycle bearing No.KL-17 D 9044 when the offending vehicle driven by the 1st respondent hit the same. According to the appellant serious injuries have been caused to him and a total compensation of Rs.6 lakhs have been sought.
3. He was employed as a Baker having a monthly income of Rs.6,000/-, according to Ext.A17 salary certificate.
4. We heard the learned counsel for the appellant and the learned Standing Counsel for the Insurance Company. Going by the award, the Tribunal has awarded a total compensation of Rs.2,27,256/- with interest @ 7.5% per annum from the date of M.A.C.A No.1258 of 2012 2 filing of petition with a direction to the Insurance Company to deposit the amount.
5. The appellant has filed an affidavit producing Annexures A1 to A4. Annexure A1 is the original discharge bill bearing No.269 dated 30.04.2012, Annexure A2 is the original bill No.689 dated 25.06.2013, Annexure A3 is the original discharge summary dated 30.04.2012 and Annexure A4 is the original discharge summary dated 25.06.2013. The learned counsel for the Insurance Company submitted that these documents will have to be proved by tendering evidence.
Being additional documents, they will have to be tendered in evidence and will have to be marked in evidence. In that view of the matter, we set aside the award and remit the matter back to the Tribunal for consideration. The appellant will produce these documents after getting it returned from this Court. The Registry will return the originals of Annexures A1 to A4 documents after accepting photocopies of the same. Those documents will be produced along with a proper affidavit before M.A.C.A No.1258 of 2012 3 the Tribunal and the Tribunal will pass appropriate orders on the merits of the claim after allowing both parties to adduce evidence. The parties will appear before the Tribunal on 10.12.2014. If the insurance Company has paid any amounts to the claimant, the same will be adjusted towards the final award of compensation which will be passed by the Tribunal. No costs.
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T.R.RAMACHANDRAN NAIR Judge rtr/ Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge