Bhairomani Pandu v. Apsrtc, Rep.By Md, Musheerabad, Hyd And Another

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD I.A.No.1 of 2019 AND MACMA NO. 764 of 2012 COMMON JUDGMENT:

I.A.No.1 of 2019 is filed by the claimant to receive discharge summary of Abhishek Hospital as additional evidence as Ex.A.8 in the appeal.

This appeal is filed aggrieved by the order and decree dated 06.05.2010 in M.V.O.P.No.588 of 2007 passed by the Motor Vehicle Accidents Claims Tribunal-cum-XIII Additional Chief Judge, City Civil Court, Hyderabad for enhancement of compensation.

Since the evidence needs to be appreciated by marking discharge summary sheet and also recording evidence of the concerned, this Court in appeal cannot appreciate the same and accordingly, the matter is liable to be remanded to the tribunal for fresh disposal to receive document subject to admissibility and for oral evidence, if any, produced by the claimant. In view of the above, the appeal is allowed setting aside the order and decree dated 06.05.2010 passed in M.V.O.P.No.588 of 2007 by the Motor Vehicle Accidents Claims Tribunal-cum-XIII Additional Chief Jude, City Civil Court, Hyderabad and remanded for fresh disposal directing the tribunal to dispose of O.P. as expeditiously as possible on merits since the accident pertains to the year 2006, after giving opportunity to both sides, in accordance

with law. Accordingly, I.A.No.1 of 2019 is closed. There shall be no order as to costs.

Miscellaneous petitions if any, shall stand closed. _______________________ T.AMARNATH GOUD,J Date: 09.12.2019 Note: Registry is directed to return the original discharge summary filed by the claimant b/o kvrm