HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No. 3423 OF 2004 JUDGMENT: This appeal field under Section 173 of the Motor Vehicles Act, 1988, by the New India Insurance Company, is directed against the order dated 5.4.2004, passed by the Chairman, Motor Accidents Claims Tribunal cum Chief Judge, City Civil Court, Hyderabad (for short ‘the Tribunal) in O.P.No. 1124 of 2002 filed by the claimant claiming compensation of Rs. 1,00,000/- for the injuries sustained by him in a motor accident occurred on 11/2-4-2002 at about 2.15 a.m when the claimant was going in his car bearing No. AP 27 F9 from Greenpark Hotel to his residence and on reaching Kirthilal Jewellary, Begumpet one Water Tanker bearing No. AHT 5664 which is being driven in high speed in a rash and negligent manner came from the byelane adjacent to Kirthilal Jewellery shop negotiated right turn without blowing any horn or showing any concern dashed against the claimant’s vehicle causing injuries to the claimant and also causing damage to the vehicle of the claimant in extensive manner. Police Punjagutta had registered a case in Crime No. 287 of 2000 under Section 337 IPC and later converted the same into 338 IPC against the driver of the tanker. The second respondent-driver of the water tanker remained ex-parte and first and third respondents being owner and insurer respectively filed counters denying all the allegations made in the petition. 2. The Tribunal having held that the accident occurred due to rash and negligent driving of the driver of the Water Tanker, awarded a sum of Rs. 68,000/- payable by all the respondents jointly and severally. 3. Learned counsel appearing for the appellant- Insurance Company contended that the Tribunal failed to appreciate the fact that the injuries received by the claimant are in simple in nature but not grievous injuries and as per the Medical report of Yashodha Hospital also proves that the injuries received by the claimant are simple in nature. He also submits that the Tribunal failed to appreciate the fact that no Doctor was examined who treated the claimant to prove that the injuries received by the claimant are grievous. 4. Heard the learned counsel appearing for the appellant and perused the entire material made available on record. 5. It is no doubt true that the accident occurred due to rash and negligent driving of the driver of the Water Tanker and in that accident the car of the claimant damaged in extensive manner. The Tribunal taking into consideration of all the facts awarded a sum of Rs. 68,000/- towards injuries he suffered. To prove the injuries the medical record from Yashoda Hospital was produced and the same was marked as Ex. A-7. Ex. A-8 is the discharge summary. The doctor who treated the claimant was not examined to assess the disability so as to arrive at a correct figure. 6. Hence, the Civil Miscellaneous Appeal filed by the Insurance Company is allowed setting aside the judgment and decree passed in O.P.No. 1124 of 2002 and the matter is remitted for fresh disposal. The Tribunal is directed to dispose of the OP afresh taking into consideration of the medical evidence adduced by claimant. The claimant-first respondent is directed to adduce necessary medical evidence so as to assess the compensation with regard to injuries sustained by him within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. __________________________ GHULAM MOHAMMED, J Date: 05.08.2010 KA