HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.438 of 2008 Date: 08-7-2011 Between Madipalli Yadagiri Goud … Appellant/Petitioner and G.Sunitha and 2 others … Respondents/Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.438 of 2008 Judgment: Being aggrieved by the award and decree dated 01-11-2007 in O.P.No.1660 of 2006 on the file of the Motor Accidents Claims Tribunal cum IV Additional District Judge, Warangal, Warangal district the present civil miscellaneous appeal is filed by the appellant- claimant. 2. The appellant herein is the petitioner in O.P.No.1660 of 2006 before the tribunal below. The claimant filed the said O.P., claiming compensation of Rs.2,50,000/- for the injuries sustained by him in a road traffic accident that occurred on 01-12-2004. The tribunal below, while assessing the evidence on record, dismissed the O.P. Being aggrieved, the present civil miscellaneous appeal is filed by the claimant. 3. The learned counsel for the appellant-claimant urged that the petitioner before the tribunal below filed the petition under Section 163-A of the Motor Vehicles Act, 1988, whereas the impugned award reads that the petitioner filed the petition under Section166 of the said Act, which is contrary to the prayer of the petitioner. Therefore, the finding of the tribunal below is to be set aside and requested to remand the matter to the tribunal below for fresh disposal basing on the original petition filed by the petitioner. 4. The learned Standing Counsel for the 3rd respondent- Insurance Company did not oppose the same and fairly conceded the aforesaid argument. 5. Having regard to the circumstances of the case and having gone through the averments in the original petition filed by the appellant-claimant, it is a fit case where the award of the tribunal below is to be set aside and the matter be remanded to the tribunal below for fresh adjudication on merits. 6. With these observations, the impugned award is set aside and the matter is remanded to the tribunal below for disposal afresh in accordance with law as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this judgment, after giving reasonable opportunity to both the parties. 7. Accordingly, the civil miscellaneous appeal is disposed of. No costs. ___________________ K.S.APPA RAO, J. 08th July, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.438 of 2008 08th July, 2011.