THE HON’BLE SMT. JUSTICE RENUKA YARA In/and

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 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 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.

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RENUKA YARA, J Date : 19.06.2025 gvl