P P BABU Vs. JACOB K THOMAS

JUDGEMENT

(1.) These questions are raised for consideration in this appeal.

(2.) Claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motor accident which took place on 4.8.2002. Earlier the claim was considered and allowed by the Tribunal. A total amount of Rs. 74,700/- was awarded by the Tribunal. The insurance company came up in appeal and by judgment dated 9.11.2009, the appeal was allowed in part and the matter was sent back to the Tribunal for fresh disposal reckoning the claim as one under S. 163A of the Motor Vehicles Act. The matter went back to the Tribunal. The Tribunal, by the impugned award, came to the conclusion that the claim is not maintainable under S. 163A. Accordingly the Tribunal proceeded to pass the impugned order dismissing the claim.

(3.) We have heard the learned counsel for the appellant/claimant and the 3rd respondent/insurance company. That the policy covers the liability of the insurance company is not disputed. The learned counsel for the appellant first of all contends that the Tribunal erred grossly in assuming that a claim under S. 163A would be maintainable only if total permanent disability has resulted. The learned counsel relies on the following observations in para. 10 of the impugned award, which convey that the Tribunal was under that erroneous impression.