Katragunta Vinodh Kumar vs The Ashok Leyland Ltd, Hosur And ...
2021 Latest Caselaw 5255 AP

             HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

                          C.M.A. No.972 of 2004

JUDGMENT:

Aggrieved by the order of the Chairman, I Additional Motor Accidents

Claims Tribunal, Nellore passed in OP No.48 of 2000 dated 12.12.2003,

present appeal is filed by the claimant seeking enhancement of the claim.

OP No.48 of 2000 was filed by the claimant/appellant seeking

compensation of Rs.3,00,000/- for the injuries sustained by him in a road

accident that took place on 30.12.21998 at 9.30 p.m. near Gurram

Narasimhulu Petrol Bunk centre, Kavali, Nellore town. The said OP was

allowed partly on 12.12.2003 granting compensation of Rs.1,32,886.90 with

interest at 9% p.a. from the date of petition, till the date of realisation.

Not satisfied with the said award, the claimant preferred the above appeal

seeking enhancement of the compensation.

During pendency of the appeal, petitioner filed MA CMA MP No.3662

of 2014 seeking enhancement of the claim from Rs.3,00,000/- to

Rs.6,00,000/-, stating that due to the injury to urethral and pelvic bone

fracture, he developed erectile dis-function and impotency and the doctors

advised him to undergo further operation before marriage for treatment of

erection problem and accordingly, he underwent surgery in Apollo Hospital

by spending more than three lakhs; the said petition was allowed by this

Court on 14.09.2017.

When the appeal came up for final hearing on 26.11.2021, learned

counsel for the appellant submits that in support of his claim, claimant/

appellant has filed additional documents and that the appeal may be

allowed based on those documents. But the enhancement based on

additional documents can only be after leading evidence and proving those

documents.

In view of the same, without going into the merits of the case, the

order passed by the Tribunal in OP No.48 of 2000 dated 12.12.2003 is set

aside and the matter is remanded back to the Tribunal and the Tribunal is

directed to permit the petitioner to adduce further evidence along with

supporting documents in support of his enhanced claim and dispose of the

OP strictly in accordance with law, as expeditiously as possible. Before

commencing further trial, the Tribunal is directed to ensure that the

claimant has paid the court fee on the enhanced claim.

This civil miscellaneous appeal is allowed accordingly. No order as to

costs. Miscellaneous petitions if any in this appeal shall stand closed.

                                               __________________________
                                               KONGARA VIJAYA LAKSHMI, J
Date:     .12.2021
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       HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI


                  CMA No.972 of 2004




                   Date:   .12.2021

BSS