THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A No.3901 of 2003 JUDGMENT: The appellant filed O.P.No.992 of 1999 before the II Member Tribunal for Disciplinary Proceedings-cum-VII Additional Chief Judge, City Civil Court, Hyderabad claiming a sum of Rs.4,63,961/- as compensation. He stated that on 21.12.1998 when he was proceeding on a motor cycle towards Banjara Hills, a vehicle bearing No.AAX 5615, owned by the respondent, hit him from behind in a high speed. He is said to have suffered grievous injuries and that he was admitted in Osmania General Hospital. It was pleaded that on the advice tendered by the Doctors at Osmania General Hospital, the appellant was shifted to C.D.R. Hospital on 22.12.1998. Two major operations were said to have been performed and that a rod was inserted in the right leg. It was also mentioned that almost for a period of one year, he was treated as inpatient. On behalf of the respondent, a counter was filed denying the allegations. According to it, the vehicle was attached to 6th Battalion, A.P.S.P. Mangalagiri and that when it was coming from Punjagutta side to Banjara Hills on 21.12.1998, the driver noticed that a person nearby a motor cycle bearing No. AHS 9803 was lying with serious injuries and after necessary verification, the vehicle proceeded towards N.T.R. Museum. It was also stated that the number of the vehicle was mentioned wrongly in the complaint and the subsequent proceedings. The Tribunal dismissed the O.P. through order, dated 30.06.2003, mainly on the ground that the appellant did not place any record pertaining to his admission in Osmania General Hospital and his being shifted to a private hospital. The appellant feels aggrieved by the said order. Heard the learned counsel for the appellant and the learned Government Pleader for Appeals. To prove his case, the appellant examined P.Ws.1 to 4 and filed Exs.A1 to A32. The documentary evidence mostly comprised of medical prescriptions and receipts of payments. The copy of the F.I.R. was filed as Ex.A31. On behalf of the respondent, R.Ws.1 and 2 were examined and no documentary evidence was adduced. The Tribunal framed the following issues for its consideration: 1. Whether the accident in question took place due to rash and negligent driving of the Van bearing No.AAX 5615 on 21.05.1998 at 9.00 p.m. and caused injuries to the petitioner? 2. Whether the petitioner is entitled to the compensation, if so, to what amount? Since the first issue is answered in the negative, the Tribunal did not take up the second issue at all. The facts pleaded by the appellant fitted into a medico legal case. It is no doubt true that the appellant filed the copy of the F.I.R. as Ex.A31. The Tribunal, however, expressed the view that in case the appellant was admitted in Osmania General Hospital, there would have been some record and in the absence of such a record, the facts pleaded by him cannot be taken into account at all. The appellant filed C.M.P.No.4857 of 2005 under Order 41 Rule 27 C.P.C. with a prayer to receive three documents, namely (a) certified copy of letter, dated 24.08.2004, written by P.S. Banjara Hills; (b) certified copy of medico legal record issued by Osmania General Hospital; and (c) certified copy of medical opinion issued by the Superintendent of Osmania General Hospital. He pleaded that he could not obtain these documents when the O.P. was filed and he did not expect the Tribunal to reject the case on that ground. This Court is of the view that the matter needs to be remanded to the Tribunal for fresh consideration and disposal, duly taking into account the additional evidence placed before this Court. Hence, the appeal is allowed and the order under appeal is set aside. The Tribunal shall take on record the three documents referred to above and decide the matter after giving opportunity to both the parties afresh. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt: 22.11.2011. kdl