THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2176 of 2011 and M.A.C.M.A. No. 3193 of 2009 COMMON JUDGMENT: Both the appeals arise out of the common award dated 09.03.2005 in O.P.Nos.404 and 405 of 1996 on the file of the Motor Accident Claims Tribunal-cum-II Additional District Judge, Mahabubnagar. The claimants are the parents of the deceased Hasan Khan in O.P.No.405 of 1996 and parents-in-law of the deceased Anjali in O.P.No.404 of 1996. Both the deceased were said to be traveling in a maruthi car bearing No.MH01-A8818 on 08.07.1991 when the lorry bearing No.ATK 1122 came in a rash and negligent manner and dashed against the car. As a result of which, they received injuries and died on the spot. The lower Tribunal has recorded that the appellant herein did not file any counter and the incident was due to the fault of the driver of the lorry and consequently granted the compensation against the appellant and the owner of the lorry. The learned counsel for the appellant contends that in fact counter has been filed by the appellant in the lower Tribunal, but it has mentioned in the judgment that no counter was filed and the certified copy of the counter is also produced before the Court. The specific case of the appellant herein is that the incident happened due to the fault of the driver of the car only. Whether it is a composite negligence or independent negligence has to be assessed only on the basis of the evidence of the eye witnesses. In fact, P.W.1, who is said to have been examined in the lower Tribunal, is not an eye witness. Therefore, the evidence on record does not show the cause of the incident. In view of the fact that the plea of the appellant though filed counter denying the liability, has not been considered and as there is no direct evidence about the cause of the incident nor any particulars of the investigation report was filed. Therefore, in the interest of justice, it is felt that the matter shall be remanded to the lower Tribunal for giving opportunity to both the parties to adduce evidence and the lower Tribunal shall determine as to whether the incident was solely due to the fault of the driver of the lorry or the maruthi car or whether it could be a case of composite negligence. The lower Tribunal shall dispose of the case within three months. Accordingly, both the appeals are allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 27-09-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2176 of 2011 and M.A.C.M.A. No. 3193 of 2009 DATE: 27-09-2011 MR