THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 2405 of 2011 JUDGMENT: The appeal is filed by the appellant/petitioner against the judgment dated 19.01.2005 in O.P.No.55 of 1999 on the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge (Fast Track Court), Nizamabad. The petitioner is said to be a Head Constable and on 21.08.1998 at about 10.15 p.m. the petitioner is said to have received injuries in a motor accident while going along with one Mohd.Ahamad, a scooter bearing No.AP-25-D9116 came in a rash and negligent manner and dashed against the petitioner, as a result of which he received injuries. He claimed a compensation of Rs.6,00,000/-. The 2nd respondent-insurance company contended that in the complaint lodged by the petitioner, he has mentioned the vehicle number that caused the accident as AP-25-5171 and F.I.R. was issued and the charge sheet was also filed but the vehicle number was changed, which was given as AP-25-D-9116. The lower Tribunal accepted the contention of the insurance company and dismissed the application. Aggrieved by the said judgment, the present appeal is filed. The point for consideration is whether the incident has happened in the manner as pleaded by the petitioner? POINT: As can be seen from the evidence of the petitioner, when he was going along with one Mohd.Ahamad on foot, a scooter came and dashed against him. It is not in dispute. At the earlier point of time, the vehicle number was given as AP-25-5171 but the present claim was filed against the vehicle bearing No.AP-25-D-9116. The petitioner, except examining himself, did not examine the person, who was moving with him. However, the lower Tribunal has taken into consideration the contents of the charge sheet and found that the petitioner has given a varied statement. In fact, the charge sheet itself shows that it was after investigation on the F.I.R. Ex.B-1 given by the petitioner, the incident has happened. But before discarding the evidence of the petitioner, these two documents have to be proved and filing of these documents is of no use. It is also necessary for the petitioner to prove as to under what circumstances the discrepancy has arisen. It is also necessary to examine the person as witness, who was along with him. After considering the material only a correct opinion can be arrived at about the liability of the vehicle involved in the accident. Therefore, in view of the above circumstances, the judgment of the lower Tribunal is set aside and the matter is remanded to the lower Tribunal for determination of the claim afresh by giving an opportunity to both the parties to adduce further evidence. It is needless to say that any compensation and interest, if any, granted by the lower Tribunal after enquiry, shall be the award passed to the petitioner. Accordingly, the appeal is allowed by remanding to the lower Tribunal. No costs. ________________________ N.R.L.NAGESWARA RAO, J 19-10-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2405 of 2011 DATE: 19-10-2011 MR