THE HON’BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.498 OF 2011 JUDGMENT: This appeal, under Section 173 of the Motor Vehicles Act, 1988, is filed challenging the order, dated 26.12.2007, in Motor Vehicle Original Petition No.533 of 2006, on the file of the Chairman, Motor Accident Claims Tribunal-cum-VI Additional District Judge (III-Fast Track Court), Warangal at Mahaboobabad, whereunder and whereby, the first respondent/claimant was awarded compensation of Rs.33,030/- with interest and costs, for the injuries sustained by him in the motor vehicle accident occurred on 23.10.2005 in the outskirts of Oorugonda village of Warangal district. 2. Heard. 3. It is the contention of the learned counsel for the appellants/ insurance company that the medical certificate produced by the claimant is a bogus one and the Doctor, who allegedly issued that certificate, was arrested by the officials of Central Bureau of Investigation on the allegation of giving false certificates, and that these are the subsequent developments, which are not within the knowledge of the insurance company, and therefore, he prays to remand the matter to the Tribunal giving opportunity to the appellants to lead evidence with regard to subsequent developments. 4. According to the learned counsel for the appellants, the Doctor is involved in issuing bogus medical certificates and a case in crime no. RC 22A-07-CBI, Hyderabad, for the offences punishable under Sections 120B and 420 IPC was registered against him. The entire claim of the claimant is based on the Wound Certificate given by the Doctor. The credentials of the Doctor are to be doubted in view of registration of a case by the Central Bureau of Investigation. According to the learned counsel for the appellants, it is a case of claimant playing fraud on the Court in order to get compensation. In view of the serious allegations, the credibility of the Doctor, who issued the Would Certificate, is under serious challenge or attack. When the entire claim of the claimant is based upon the Wound Certificate in assessing the compensation, it is absolutely imperative to remand the matter to enable the appellants to produce necessary evidence. This aspect of the case had come to the knowledge of the appellants after disposal of the Original Petition. Three cannot be any dispute that fraud vitiates even solemn act of Court. In view of the changed circumstances, the impugned order can be set aside and the matter can be remanded to the Tribunal to permit the appellants to lead evidence on that aspect by taking an appropriate plea. 5. Accordingly, the impugned order is set aside and the case is remanded to the Tribunal. The appellants are at liberty to file the relevant documents into the Tribunal in the light of these subsequent developments. Thereafter, the Tribunal shall dispose of the Original Petition in accordance with law after giving opportunity to both the parties. It is needless to observe that the claimant shall be given an opportunity to adduce evidence. 6. The M.A.C.M.A. is, accordingly, allowed. No costs. _______________ K.C. BHANU, J February 14, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.498 OF 2011 Between: The New India Assurance Company Limited and anther .....APPELLANTS AND V. Narsaiah and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.498 OF 2011 February 14, 2011