1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.208 OF 2010. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 18.04.2011. 1. Heard. 2. The claimant has filed appeal being dissatisfied with the inadequate compensation awarded to him. The appellant had also filed application for production of additional evidence in the shape of various documents. The said application is allowed. The applicant would be required to prove those documents. As without proof of that, they can not be read. As such it would be necessary to afford opportunity to the parties to adduce evidence in respect of those documents. 3. The applicant has also filed an application 2 for amendment in the claim petition claiming additional compensation on account of the expenses sustained by him. To substantiate his contention, the learned counsel relies on the judgment of the Apex Court in a case of "Nagappa Vs. Gurudayal Singh and others" reported in AIR 2003 Supreme Court 674. 4. Mr.Pallod, learned counsel for the Respondent submits that once the claim petition is decided, thereafter no permission can be granted to amend the petition for claiming further compensation. For the said purpose the learned counsel relies on the judgment of the Division Bench of Andhra Pradesh High Court in a case of "M/s United India Insurance Co. Vs. Shaik Saibaqtualla and others" reported in AIR 1992 Andhra Pradesh 124. 5. I have allowed the production of additional evidence in the shape of documents by separate order passed in C.A.No.10729/2010. The same would be required to be proved and for the said purpose the matter will have to be remitted back. The Tribunal shall consider the 3 amendment application on its own merits. So also shall after giving opportunity to the parties to adduce evidence if they so desire on the additional documents, decide the claim petition on its own merits. 6. In the result, I pass the following order : The appeal is partly allowed. The impugned award is quashed and set aside. The matter is remitted to the Tribunal for decision afresh after giving an opportunity to the parties to adduce evidence on the additional documents. The Tribunal shall also decide the amendment application filed by the appellant in this Court. The parties shall appear before the Tribunal on 30.4.2011. The Tribunal shall thereafter decide the claim petition as expeditiously as possible. I have not opined anything on merits of the matter. No order as to costs. 7. The record and proceedings be sent back forthwith along with additional evidence (original 4 documents filed by the appellant and the amendment application filed in this Court). (S.V.GANGAPURWALA,J.) Dt.18.04.2011. asp/office/fa208.10