ASHISH NAMBOODIRI Vs. N NOUSHAD

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)262/04. At the out set, I may like to point out the methodology of producing documents without examining any persons creating confusion in the mind of everybody is to be deprecated. When documents are produced before Court it is to be properly explained so that the Court will know the reality. I am not inclined to say anything further.

(2.) IT is submitted by the learned Counsel for the appellant that the Tribunal in paragraph 13 of the award has erred in taking into consideration the medical expenses. The Tribunal did not accept the bills for the payment of advance of Rs. 13,000/ - and Rs. 5,000/ -. Learned Counsel would contend that if the entire amount which is produced as bills is taken into account and the advance amount is reduced it will show that higher amount is available for medical expenses. But it is a matter which has to be proved by examining the person and giving an opportunity to the other side by cross -examining him. I do not want to disallow it at this stage for the reason if really amount is incurred for treatment it has to be given to the party. Therefore I am inclined to grant an opportunity for the limited purpose of proving the medical bills and the medical expenses incurred by the claimant. Therefore the award under challenge is set aside to the limited extend to find out the actual medical expenses incurred and for the said purpose the claimant as well as the other parties are permitted to adduce both documentary as well as oral evidence in support of their respective contentions and then the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 13.9.2010.