THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL MISCELLANEOUS APPEAL No.4181 of 2003 JUDGMENT: This appeal is filed by the claimant under Section 173 of the Motor Vehicles Act, 1988 (for brevity the ‘the Act’) seeking to enhance the compensation awarded in O.P.No.1554 of 2001 on the file of the Motor Accident Claims Tribunal-cum-Principal District Judge, Nalgonda (for brevity ‘the Tribunal) by the order, dated 31.08.2002, whereunder a sum of Rs.50,000/- was awarded as compensation for the injuries suffered by him in the accident. The brief facts of the case are that on 02.12.2001, the claimant-injured and other deceased were going in a tourist bus bearing No.AP-11U-4560 from Hyderabad to Vijayawada and when the said bus reached Tekumatla Village, the driver of the said bus drove the same in a rash and negligent manner and dashed against a stationed lorry bearing No.AEU-1876, as a result of which, the claimant sustained injuries and several others died. Hence, the O.P. before the Tribunal claiming compensation of Rs.2,50,000/-, for the injuries suffered by the claimant in the said accident, against the owner and insurer of the bus, who are respondents 1 and 2, respectively. The Tribunal, after considering the entire evidence, both oral and documentary, on record held that the accident occurred due to the rash and negligent driving by the driver of the offending bus. Heard learned counsel for the appellant and learned Standing counsel for the second respondent-insurance company. Learned counsel for the appellant-claimant fairly conceded that neither medical certificate was filed nor the doctor who treated the claimant was examined to speak about the injuries or the disability, whatsoever, suffered by the claimant. He prayed that an opportunity be given to the claimant to prove his case before the Tribunal by adducing necessary evidence. As seen from the record, it is the case of the claimant that he received fracture to his right hand, left knee and was treated in Osmania General Hospital, Hyderabad and also at Kamineni Hospital, Hyderabad, for one week. In support of the same, he also filed Ex.A-8-O.P. Card of Kamineni Hospital and Ex.A-9- original discharge summary, which shows that he was inpatient in the hospital from 03.12.2001 to 14.01.2001 and that he spent Rs.30,000/- towards medical expenses. Thus, the Tribunal taking into consideration all the above facts, awarded a sum of Rs.20,000/- towards pain and suffering, Rs.30,000/- towards medical expenses, totaling to Rs.50,000/- fastening joint and several liability on respondent Nos.1 and 2. Having regard to the facts and circumstances of the case, I feel it expedient to afford an opportunity to the claimant to file necessary certificate with regard to the injuries suffered by him and to adduce the evidence of the doctor. In the result, the Civil Miscellaneous Appeal is disposed of and the matter is remitted to the Motor Accident Claims Tribunal-cum-Principal District Judge, Nalgonda, for fresh adjudication of O.P.No.1554 of 2001, after giving opportunity to the claimant, to file the necessary medical certificate and adduce the evidence of the doctor, and also to the respondents, and after hearing both sides. The Tribunal shall dispose of the said O.P. within a period of two months from the date of receipt of a copy of this judgment. However, there shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED 23rd September 2010 dr