THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.86 of 2008 JUDGMENT: Being aggrieved by the judgment and decree dated 15.02.2007 passed in O.P.No.2211 of 2004 on the file of the Motor Vehicle Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad, the present appeal is filed by the petitioners. The appellants herein are the wife, daughter and mother of the deceased Rambabu. They are the petitioners in O.P.No.2211 of 2004. They filed the petition claiming compensation of Rs.7,00,000/- for the death of the deceased Rambabu, who died in a road accident that occurred on 09.01.2004. The Tribunal, after considering the evidence on record, awarded compensation of Rs.4,17,500/-. Aggrieved thereby, the present appeal is filed. Learned counsel appearing for the appellants mainly urged that the Tribunal/Court below ought not to have fastened the liability against the 1st respondent alone and fasten the liability against the 2nd respondent-insurer, as the policy was subsisting as on the date of accident, and therefore, prayed to give a positive finding regarding liability of the insurer. He further urged that he may be permitted to produce the insurance policy relating to the offending vehicle before the Court below and requested that the matter may be remanded back to the Court below for better adjudication. A perusal of the impugned order discloses that on issue no.2, the Tribunal found that the 1st respondent, the owner of the offending vehicle, has neither produced a copy of the policy nor let in evidence disowning his liability and even the petitioners failed to prove the insurance policy and, therefore, the 1st respondent alone was made liable to pay the compensation, while exonerating the liability of the 2nd respondent. Today, while arguing the matter, the learned counsel appearing for the appellants produced the insurance policy. Having regard to the circumstances of the case, it is just and necessary to set aside the impugned order, for remanding the matter to the Court below for fresh disposal of the matter on merits by giving opportunity to both sides to adduce evidence on their respective contentions, in particular the alleged insurance policy now sought to be filed by the appellants herein. Accordingly, this appeal is disposed of setting aside the impugned order and remanding the matter to the Tribunal with a direction to dispose of the same as expeditiously as possible by giving opportunity to both sides to adduce evidence on their respective contentions for better adjudication of the matter. ____________________ JUSTICE K.S.APPA RAO 08.06.2011 v v