THE HON’BLE SRI JUSTICE K.S. APPA RAO M.A. C.M.A.No. 2797 of 2008 JUDGMENT: Being aggrieved by the order and decree in M.V. O.P. No. 525 of 2007 dated 21.4.2008 on the file of the Motor Accident Claims Tribunal-cum-II Addl. Chief Judge, City Civil Court, Hyderabad, the present M.A.C.M.A. is filed. Appellant herein is the petitioner in O.P.No. 525 of 2007. The petitioner filed petition claiming compensation of Rs. 2,00,000/- for the injuries sustained by him in the road traffic accident. The claim was made against respondent Nos. 1 and 2, who are the owner of Tata Sumo bearing No. AP 15 V 5505 and its insurer. Very interestingly, both respondents remained exparte, in spite of the fact that both engaged respective Advocates. Neither respondent No.1 nor respondent No.2 filed counters. P.W.1 in support of his evidence while examining himself as P.W.1 filed Exs.A-1 to A-5. Ex.A-1 is the certified copy of F.I.R., Ex.A-2 is certified copy of charge sheet. On perusal of Exs. A-1 and A-2, the accident was due to rash and negligent driving of the offending vehicle bearing No. AP 15 V 5505. However, by assigning the reasons, the tribunal below dismissed the claim petition on the ground that the petitioner was unable to prove that respondent No.1 is the owner and respondent No.2 is the insurer of the Tata Sumo involved in the accident so as to fix any liability on them. The tribunal found at para 6 of the Order that no doubt it is a fact that as seen from the contents of Ex.A-2, the accident was occurred due to rash and negligent driving of the Tata Sumo, it cannot be accepted on the sole ground of Ex.A- 2. Both the counsels on record fairly conceded and requested to remand the matter to the tribunal below for better adjudication by giving opportunity to both sides. Therefore, I see every justification in the request made by the counsels on record. Accordingly, the Order of the tribunal below is set aside and the matter is remanded back to the tribunal below with a direction to dispose of the matter as expeditiously as possible by giving opportunity to both sides. In the result, the M.A.C.M.A. is allowed and the matter is remanded back to the tribunal below to decide the matter afresh. The tribunal below shall dispose of the matter as expeditiously as possible, uninfluenced by any observations made in this order by giving opportunity to both sides to put forth their respective cases. ___________________ 29.3.2011 CHV