THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED M.A C.M.A.No.2896 of 2005 JUDGMENT: The appellant-claimant filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award, dated 11.07.2005 passed in O.P.No.529 of 2004 by the Chairman, Motor Accident Claims Tribunal-cum-IV Additional District Judge, Warangal (for short ‘the Tribunal’). 2. On 15.08.2003 at about 1.00 PM, when the claimant was going on his motorcycle bearing No.AP 36 K 5099 on duty as Head Constable, he met with an accident due to hit by an auto bearing No.AP 36 5592 driven by its driver in a rash and negligent manner and at high speed and he sustained injuries. He spent huge amounts for treatment, medicines, transportation etc. Hence, he filed the above said O.P, claiming compensation of Rs.3,00,000/- payable by respondents 1 to 3 being owner and insurers respectively of the said auto. Respondent No.3 filed counter denying the manner of accident and the injuries sustained by him. By the award impugned, the Tribunal dismissed the said O.P. Aggrieved by the same, the appellant filed the present appeal. 3. Heard the learned counsel for the appellant and the learned Standing Counsel for respondent Nos.2 and 3. 4. Learned counsel for the appellant submitted that soon after the accident, he was unconscious for four days in the hospital as per Ex.A6-summary sheet and as such, the delay of four days occurred for reporting the matter to the police and that the police after thorough investigation, filed charge sheet against the driver of the auto. He further contended that the Tribunal, without considering all these aspects, dismissed the O.P., and thus, he prays to remand the matter to the Court below for disposal afresh. 5. On the other hand, learned Standing Counsel for respondent Nos.2 and 3 contended that neither Ex.A6-Discharge Summary nor the evidence of P.W.2-Doctor, who treated the appellant, shows that the petitioner was unconscious when admitted in the hospital. He further contended that the Supreme Court in a catena of judgments gave direction that when the injured is admitted in a private hospital immediately after the accident, the authorities of the said Hospital has to inform the police for its registration as a medico legal case, which was not done in this case. He further contended that the claimant being the Head Constable manipulated the FIR and the charge sheet and therefore, the Tribunal has rightly dismissed the OP. 6. In view of the controversy between the parties with regard to the occurrence of the accident and the injuries sustained by the claimant, without going into the merits of the matter, I deem it appropriate to remand to the matter to the Tribunal for disposal afresh, in accordance with law, after affording an opportunity to the appellant-claimant to adduce necessary evidence establishing that the accident took place on 15.08.2003. 7. Accordingly, the Civil Miscellaneous Appeal is disposed of. No costs. _____________________ GHULAM MOHAMMED, J Date:24.06.2010 sj