NALINI BABY Vs. BABY T C

JUDGEMENT

(1.) This is an appeal preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV)No.1876/2005. The claimant, a 26 year old lady, sustained injuries in a road accident. She had contusion and abrasion on the left forehead.

(2.) The learned counsel for the appellant would contend that the claimant had haematoma on the occipital bone and it is evidenced by a scan report which according to him had been produced and marked as Ext.A9. But the award does not reflect production of the scan report nor it is seen indexed. If really there is a head injury, the matter requires further consideration especially in the backdrop of the fact that treatment expenses alone had come to Rs.13,257/=.

(3.) Therefore I am inclined to grant an opportunity. The award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to 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. Parties are directed to appear before the Tribunal on 7.12.2010 and in case the insurance company does not appear, the claimant is directed to take out notice to the insurance company for proper disposal of the case.