HON’BLE SRI JUSTICE GHULAM MOHAMMED MACMA No.982 of 2006 JUDGMENT: The appellant-claimant filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award, dated 23.12.2005 passed in O.P.No.1698 of 2002 on the file of the Court of the Motor Accidents Claims Tribunal-cum-Chief Judge, City Civil Court, Hyderabad (for short ‘the Tribunal’). 2. The facts stated are that:-On 17.05.2000 at about 10.15 PM, when the claimant was going on his motorcycle-Kinetic Honda bearing No.AP 9 AA 9931, a Tata Indica bearing No.DL 9 CA 6092 driven by its driver in a rash and negligent manner and at high speed, dashed against the vehicle of the claimant and as a result, which, the claimant fell down and sustained injuries and fractures. He spent huge amounts for treatment, medicines, transportation etc. Hence, he filed the above said O.P, claiming compensation of Rs.1,50,000/-payable by respondents 1 and 2 being owner and insurer respectively of the said car. While, Respondent No.1 remained ex parte, Respondent No.2 filed counter denying the manner of accident and the injuries sustained by the claimant. By the impugned award, the Tribunal allowed the said O.P awarding compensation of Rs.75,000/-. Aggrieved by the same, the claimant filed the present appeal. 3. Heard learned counsel for the appellant/claimant and learned counsel for the respondents. Perused the impugned order passed by the Tribunal. 4. In view of the controversy between the parties with regard to the occurrence of the accident and the injuries sustained by the claimant and the claimant’s counsel also taking a plea that the Tribunal failed to grant amounts under various heads, without going into the merits of the matter and considering the fact that the injured-claimant being an employee in the bank, I deem it appropriate to remand to the matter to the Tribunal for deciding as to the adequacy and just compensation entitled by the claimant and for this purpose both the parties are at liberty to adduce further evidence. 5. Accordingly, the Civil Miscellaneous Appeal is allowed. No costs. _____________________ GHULAM MOHAMMED, J March 03.2011 KK/SP HON’BLE SRI JUSTICE GHULAM MOHAMMED MACMA No.982 of 2006 March 03.2011 KK/SP