Bachala Ashok , Ashok Kumar, vs Donthu Venkateswara Rao,
2025 Latest Caselaw 4085 Tel

Telangana High Court

Bachala Ashok , Ashok Kumar, vs Donthu Venkateswara Rao, on 19 June, 2025

          THE HON'BLE SMT. JUSTICE RENUKA YARA

                         I.A.No.2 of 2023
                              In/and
                     M.A.C.M.A.No.379 of 2023

COMMON JUDGMENT:

Aggrieved by the award dated 06.10.2022 in

M.V.O.P.No.8 of 2018 passed by the Motor Accident Claims

Tribunal-cum-Principal District Judge at Bhadradri

Kothagudem, the claim petitioner has filed the present appeal.

2. Heard Sri Nageswara Rao Repakula, learned counsel

for the appellant/claimant and Sri V. Venkatarami Reddy,

learned counsel for respondent No.2/Insurance Company and

perused the entire material on record.

3. The claimant has filed I.A.No.2 of 2023 to remand the

matter back to the learned Tribunal for the purpose of

considering the petition vide I.A.No.4 of 2022 filed before the

Tribunal for enhancement of compensation from Rs.3,00,000/-

to Rs.20,00,000/-.

4. Learned counsel for the appellant/petitioner submits

that in spite of filing disability certificate/Ex.A7 which shows

62% of permanent disability, the learned Tribunal has awarded

meager amount and therefore, there is a need to prove the case

for enhanced compensation by leading further evidence.

5. No objection reported by the learned counsel for

respondent No.2/Insurance Company.

6. It is for the appellant/claimant to prove that as a result

of the accident, he has sustained such percentage of disability

as alleged by him by adducing necessary evidence.

7. For the said reason, this Court deems it appropriate to

remand the case back to the learned Tribunal to give an

opportunity to the appellant/claimant in order to lead

additional evidence in support of Ex.A7/Disability certificate.

8. Accordingly, the I.A.No.2 of 2023 in MACMA No.379

of 2023 is disposed off setting aside the award passed by the

Tribunal dated 06.10.2022 remanding the matter i.e. M.V.O.P.No.8 of 2018, to the learned Tribunal with a direction

to consider the same afresh expeditiously. Needless to say, the

claimant shall be given an opportunity to lead additional

evidence either oral or documentary for the purpose of proving

his claim of 62% permanent disability. The respondents are

given opportunity to lead their additional evidence to rebut the

petitioner's claim for Rs.20,00,000/-.

9. The Registry is directed to return the file pertaining to

M.V.O.P.No.8 of 2018, to the learned Tribunal.

10. With the above direction, the MACMA No.379 of 2023

is disposed of. No costs.

Pending miscellaneous petitions, if any, shall stand

closed.

__________________ RENUKA YARA, J Date : 19.06.2025 gvl