IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.630 OF 2011 Between: Shaik Nusrath Pasha @ Musharak Basha .....APPELLANT AND Sk Nazeer Pasha and others. ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.630 OF 2011 JUDGMENT: This M.A.C.M.A., under Section 173 of the Motor Vehicles Act, 1988, (for short, “the Act”), is directed against the order and decree, dated 16.11.2006, in O.P.No.2599 of 2004, on the file of the III Additional Chief Judge, City Civil Court, Hyderabad, whereunder and whereby, the petition, filed under Section 166 of the Act, claiming compensation of Rs.1,00,000/- for the injuries sustained by the appellant/petitioner in a road accident, was dismissed on the sole ground that the nature of injures sustained by the appellant and period of treatment has not been established by examining the Doctor who treated the injured. 2. Heard both sides. 3. As per Ex.A.3 certified copy of medico legal record, the appellant sustained four grievous injuries and five simple injuries. The nature of injuries, period of treatment and extent of disability are not proved by the petitioner. Hence, the impugned order is liable to be set aside and accordingly set aside. 4. Accordingly, the M.A.C.M.A. is allowed setting aside the impugned order and decree, dated 16.11.2006, in O.P.No.2599 of 2004, on the file of the III Additional Chief Judge, City Civil Court, Hyderabad, and remanding the matter to the trial Court to dispose of the O.P. afresh after giving opportunity to the petitioner to adduce necessary evidence to prove the injuries and disability sustained by him and also to the respondents to adduce necessary evidence basing on pleadings. There shall be no order as to costs. _______________ K.C. BHANU, J February 15, 2011 YVL THE HON'BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.1855 OF 2009 February 10, 2011