IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL NO.2903 OF 2003 Between : M/s. United India Insurance Co.Ltd., .... APPELLANT A N D A.Ammakka and others. …RESPONDENTS THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.2903 OF 2003 JUDGMENT: This Civil Miscellaneous Appeal is filed by the United India Insurance Company Limited against the order and decree, dated 30.12.2002, in O.P.No.59 of 1999, passed by the learned Chairman, Motor Accident Claims Tribunal–cum-Additional District Judge, Adilabad, whereby a compensation of Rs.6,67,568/- was awarded to the claimants as against the claim of Rs.7,00,000/- for the death of the deceased-A.Mallaiah in a motor vehicle accident. 2. For the sake of convenience, the parties herein are referred to as arrayed in the O.P. before the Tribunal. 3. The case of the claimants in the O.P. before the Tribunal, in brief, is that on 17-08-1998 at about 9.00 p.m., while the deceased was coming on his cycle after completion of his duties, a Tipper bearing No.AAJ-9202 driven by its driver came in opposite direction in a high speed and in a rash and negligent manner and dashed the deceased, due to which he fell down on the road along with his cycle and died on the spot. The Police Srirampur Police Station registered a case in Crime No.76 of 1998 for the offence punishable under Section 304-A I.P.C. against the driver of the tipper. By the date of accident the deceased was aged about 40 years and earning a sum of Rs.7,000/- per month as a Coal Filler in R.K.Mines. Due to the death of the deceased, the claimants lost their source of income. Therefore, the claimants filed O.P. claiming compensation of Rs.7,00,000/- for the death of the deceased. 4. Respondent No.1, owner of the tipper remained ex parte. Respondent No.2, United India Insurance Company Limited, alone filed its counter denying the averments of the O.P. 5. On the basis of the pleadings, the following issues were framed by the Tribunal for trial: 1) Whether the deceased viz., A.Mallaiah died in the accident occurred on 17.08.1999 due to rash and negligent driving of tipper No.AAJ-9202 by its driver? 2) Whether the petitioners are entitled to any compensation? If so, to what amount and against whom? 3) To what relief ? 6. To substantiate their case, claimant Nos.1 and 2 were examined as PWs.1 and 2 and got marked Exs.A-1 to A-8. On behalf of respondent No.2, no oral or documentary evidence was adduced. 7. As seen from the record there is no chief examination affidavit of P.W.2. The chief examination affidavit of P.W.2 was is not available, the learned counsel for the claimants have no copy of the same. The claimants have not supplied the copy of the chief examination affidavit of P.W.2. It is not clear whether affidavit was filed into the Tribunal or not. Without the evidence of chief examination affidavit of P.W.2, there is no basis for consideration of the claim of the claimants. In the circumstances, it is a fit case to remand the matter to the Tribunal below for fresh disposal, after examining P.W.2. 8. Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the impugned order dated 30.12.1999 in O.P.No.59 of 1999 and the matter is remanded to the Tribunal below for fresh disposal after examining P.W.2, preferably within a period of six months from the date of receipt of a copy of this order. The claimants and respondents are at liberty to examine any other witnesses in connection with this case. If the compensation was already deposited into the Bank, the same shall be kept in a fixed deposit till disposal of the O.P. afresh. If there is any order by the Tribunal permitting the claimants to withdraw the amount deposited, the same shall not be asked to redeposit. There shall be no order as to costs. _________________________ P. SWAROOP REDDY, J. NOVEMBER 18, 2010. YVL