THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.3182 OF 2002 Dated 18-11-2010 Between: R.Ramanaiah, S/o.Seshaiah Appellant & S. Chalapathi & another Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3182 OF 2002 JUDGMENT: This appeal is filed by the claimant-appellant aggrieved by the award dated 6-9-2002 passed in OP No.400 of 2000 by the Motor Accidents Claims Tribunal-cum-III Addl. District Judge, Chittoor at Tirupati. The claimant-appellant herein made a claim for Rs.4 lacs for the injuries sustained by him in a motor accident involving jeep bearing No.AP04 C3558 on 1-11-1999. 2. The case of the claimant-appellant herein is that on the fateful day, the claimant along with some others engaged the accident jeep in question from their village to go to Srikalahasti and when they reached near NDR godowns on Renigunta-Srikalahasti road, at about 3-00 pm, the jeep driver due to his faulty driving went and hit a lott proceeding ahead of the jeep and caused accident as a result of which, the claimant sustained grievous injuries. 3. To prove the accident, the claimant examined himself as PW-1 and another witness as PW-2 and exhibited Exs.A-1 to Ex.A-12. The Tribunal found that the accident occurred due to the rash and negligent driving of the accident jeep which in the facts and circumstances of the case cannot be interfered with. Learned counsel for the appellant- claimant contended that though the claimant suffered disability to the extent of 35 % as is evident from Ex.A-10, the same was not considered only on account of non-examination of the doctor to prove the same. Leaned counsel also contended that the Tribunal erred in awarding compensation of Rs.95,250/- as against the claim of Rs.4 lacs. 4. Having heard the learned counsel for the parties and having perused the impugned award, this Court is of the view that the matter requires re-consideration on the question of award of just compensation. In the circumstances, the appeal is allowed and the matter is remanded to the file of the Tribunal to consider award of just compensation. The claimant is also permitted to adduce fresh/further evidence including examining the doctor to prove the disability sustained by him in support of Ex.A-10. It is needless to mention that the matter be disposed of expeditiously in any case within a period of three months from the date of receipt of a copy of this order. No costs. _______________________ Ghulam Mohammed, J Dated 18-11-2010 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.3182 OF 2002 18-11-2010