IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION FIRST APPEAL NO.553 OF 2009 Santosh Bajrang Mohite ...Appellant. v. Prashant Prithviram Brahmecha & Anr. ...Respondents. WITH FIRST APPEAL NO.533 OF 2009 Birju Shivaji Pawar ...Appellant. v. Prashant Prithviram Brahmecha & Anr. ...Respondents. Mr. Sachin D. Kadam, adv. For the Appellants. Mr.Santosh Patil, adv. For the Respondent No.1. CORAM : J.H. BHATIA, J. DATED : 7th August , 2009 P.C. 1 Heard the learned counsel for the appellants and the respondent no.1. None for the respondent no.2 though served. Present appeals are filed by the original claimants, who claim that in motor accident, they had suffered permanent disability. They produced certificate about the permanent disability but the Doctor, who had issued that certificate was not examined. Therefore, the Claims Tribunal refused to place reliance on that certificate. After some discussion at the bar, I find that following order will meet the ends of justice: - 2- Both the appeals are allowed. Impugned judgments and orders passed by the MACT, Niphad, Dist: Nashik in MACP Nos.102/06 and 103/06 are hereby set aside and both the petitions are hereby remanded back to the MACT, Niphad, Dist: Nashik to give an opportunity to the claimants to lead necessary medical evidence to prove the permanent disability. Respondent no.1 shall also be given opportunity to produce documentary or oral evidence if he so desires. Parties shall appear before the Tribunal on 7th September, 2009. 2 Both the appeals stand disposed off accordingly. (J.H. BHATIA,J.)