THE HON’BLE SRI JUSTICE N.V. RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD M.A.C.M.A.M.P. No. 4714 of 2011 AND M.A.C.M.A. No. 2627 of 2007 Oral Judgment: (Per Sri. N.V. Ramana, J.) The M.A.C.M.A. is directed against the order dated 11.09.2007, passed by the Motor Accidents Claims Tribunal=cum-District Judge, Adilabad, partly allowing O.P. No. 457 of 2003 filed by the appellants claiming compensation for the death of one Kalyanapu Thrinath Babu, in a motor accident. During the pendency of the appeal, the appellants filed M.A.C.M.A.M.P. No. 4714 of 2011, praying the Court to receive documents, namely xerox copies of Pattedar Pass Books and Income Tax returns to show that the deceased was having agricultural lands and he was filing income tax returns. In the affidavit, filed in support of the above petition, the appellant No.1 stated that at the time of filing the O.P., they could not file certain documents to prove that her deceased husband was having landed properties in his name and that he also purchased properties in her name. That the land to an extent of Acs. 2.36 gts., in Sy. No. 126/A, Gullakota village, Luxettipet Mandal, and land to an extent of Acs. 3.00 in Sy. Nos. 244/1 and 244/2, Pothepalli, Luxettipet Mandal, Adilabad District, stand in the name of the deceased, while land to an extent of Acs.8.08 gts. in Sy. Nos. 241/1, 241/3, 241/4, A1, 241/4 AA1, 241/5/A, Pothepalli, Luxettipet Mandal, Adilabad, was purchased by the deceased in her name. That he also purchased lands in an extent of Acs. 3.06 gts. in Sy. Nos. 127 and 130 and Acs. 3.32 gts. in Sy. No. 127/A, Gullakota, Luxettipet Mandal, Adilabad, in the name of his mother. That due to lack of legal knowledge, they could not file the documents relating to the said lands. She further stated that her mother, who is the Proprietor of M/s. Sri Dhana Lakshmi Traders, Pedapalaparru, filed income tax returns for the financial year 2003-04, wherein it is specifically mentioned that her husband was paid an amount of Rs.88,000/- towards salary and Rs.16,000/- towards bonus along with interest. Even this document could not be filed at the time of trial in the O.P. She further stated that her husband used to look after the affairs of Sri. Mallikarjuna Modern Rice Mill, Gullakota, Luxettipet Mandal, Adilabad, which stands in the name of her mother. She submitted that as they could not file these documents at the time of trial in the O.P. to prove the income of the deceased, she prayed that they may be received in evidence, to enable them to claim just compensation. Heard the learned counsel for the appellants and the learned counsel for the respondent-Insurance Company. The xerox copies of the documents, which the appellants seek to receive, prima facie indicate that the deceased owns some lands and this apart, as is evident from the income tax returns, he was also receiving salary, and is also managing a firm. Since these documents are required to be marked by adducing necessary oral evidence, for appreciating their evidentiary value, both the learned counsel for the appellants and the learned Standing Counsel for respondent No.2- Insurance Company, agreed for disposal of the M.A.C.M.A.M.P. and M.A.C.M.A. with the following directions: The order under appeal is set aside. The matter is remanded to the Tribunal for consideration afresh. The Tribunal shall receive the documents, which the appellants sought to file, as additional evidence, and permit them to mark them in evidence. Thereafter, the Tribunal shall provide opportunity to both the appellants and the respondent to adduce oral evidence, if any, and after hearing them, dispose of the matter, in accordance with law, expeditiously. Accordingly, M.A.C.M.A.M.P. and M.A.C.M.A. are disposed of. No costs. ________________ N.V. RAMANA, J. _____________________ P. DURGA PRASAD, J. Dated: 19th December, 2011 KSR