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Judgment
T.R.Ravi, J
The appellant met with an accident on 05.08.2007 and sustained serious injuries, convulsion disorder and amnesia. He claimed a compensation of Rs.6 lakhs, but the Tribunal granted only Rs.1,43,720/-. The Medical Board has assessed disability of 40%, but the Tribunal granted disability only of 20%. It was in these circumstances that the appellant has filed this appeal.
Before this Court the appellant has filed I.A.No.1/2021 producing along with 61 medical bills and prescriptions of Doctor to support his contention that he is requiring continuous treatment and that the matter may have to be remanded back for considering the admissibility of the claim towards future treatment. It is also pointed out that the Medical Board which assessed the appellant's disability did not have any Neurosurgeon and hence there was no proper assessment of the disability, which has reflected in the order of the Tribunal also.
On going through the records, I find that the contention that there was no Neurosurgeon is correct. As a matter of fact, the Doctor who was a member of the Medical Board who issued the disability certificate was examined as CW1 and he had also stated that a Neurosurgeon is required for a proper constitution of the Board.
In the above circumstances, the case is remanded back to the Tribunal for fresh consideration regarding the question relating to the disability of the appellant and the compensation payable under the head "permanent disability" and regarding the compensation payable for future treatment. The appellant and the respondents will be entitled to adduce additional evidence for the above purpose. The parties shall appear before the Tribunal on 11.10.2021. The Tribunal shall endeavour to pass fresh orders in terms of this remand within a further period of six months from the date of appearance.