IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.1855 OF 2009 Between: Pattan Mastan Valli .....APPELLANT AND Sk. Noorjahan and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.1855 OF 2009 JUDGMENT: This M.A.C.M.A., under Section 173 of the Motor Vehicles Act, 1988, (for short, “the Act”), is directed against the judgment and decree, dated 06.03.2009, in M.V.O.P.No.1246 of 2007, on the file of the Motor Vehicle Accidents Claims Tribunal, Guntur, whereunder and whereby, the petition, filed under Section 163-A of the Act, claiming compensation of Rs.1,50,000/- for the injuries sustained by the appellant/victim in a road accident, was dismissed. 2. Heard both sides. 3. Though the accident in question has been seriously disputed by respondent No.2 - Insurance Company, the necessary evidence to speak about the accident has not been let in by the appellant/victim. The only evidence adduced by him is that of the victim himself. There was a delay of four months in lodging the First Information Report from the date of accident, but the Wound Certificate would clearly go to show that the appellant sustained grievous injuries. Whether the appellant sustained those injuries in a road accident or not, has to be proved by him. In view of the fact that the police after completion of investigation filed charge sheet, it is necessary to remand the matter to the Tribunal to give opportunity to the appellant to let in evidence with regard to the investigation conducted by the police and such other evidence that may be necessary for the proof of the accident. Hence, the impugned order is liable to be set aside. 4. Accordingly, the M.A.C.M.A. is allowed setting aside the impugned judgment and decree, dated 06.03.2009, in M.V.O.P.No.1246 of 2007, on the file of the Motor Vehicle Accidents Claims Tribunal, Guntur, and remanding the matter to the Tribunal to dispose of the M.V.O.P. within a period of four months from the date of receipt of a copy of this order, after giving reasonable opportunity to both the parties to let in evidence. There shall be no order as to costs. _______________ K.C. BHANU, J February 10, 2011 MD THE HON'BLE SRI JUSTICE K.C. BHANU M.A.C.M.A.No.1855 OF 2009 February 10, 2011