JUDGMENT N.K. Patil , J.—This appeal by the Insurer is directed against the impugned judgment and award dated 23rd August, 2007 passed in MVC No. 2870/2005 by the IX Addl. Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal-7, Metropolitan Area, Bangalore (SCCH-7), (for Short, Tribunal') for reduction of compensation on the ground that, the compensation of Rs. 19,600/- awarded in favour of the claimant as against his claim for Rs. 25.00 lakhs, is excessive. On the higher side and is liable to be reduced. I have heard the learned Counsel appearing for appellant-Insurer and learned Counsel appearing for claimant. 2. During the course of submission, learned Counsel appearing for both the parties submit that this appeal arises out of the same accident, in which, the appeal filed by the Insurer in M.F.A. No. 12802/2007 has been allowed by this Court, by its judgment dated 16th November, 2011 (Oriental Insurance Company Ltd. v. Smt. P. Swapna and others), and the judgment and award passed by Tribunal has been set aside and the matter has been remanded back to the Tribunal for reconsideration afresh. Therefore, they submit that this appeal, which arises out of the same accident, may also be allowed and the matter may be remanded back to the Tribunal for reconsideration, afresh. 3. The submission of the learned Counsel appearing for both the parties, as stated supra, is placed on record. In the light of the submission of the learned Counsel appearing for both parties, as stated supra, the appeal filed by the appellant-insurer is allowed. 4. The impugned judgment and award dated 23rd August, 2007 passed in MVC No. 2870/2005 by the IX Addl. Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal-7, Metropolitan Area, Bangalore (SCCH-7) is hereby set aside, following the judgment and award passed by this Court in M.F.A. No. 12802/2007 disposed off on 16th November 2011 (Oriental Insurance Company Ltd. v. Smt P. Swapna and others) and for the reasons stated therein. 5. Both the parties are permitted to adduce additional oral and documentary evidence, if any, within two weeks from the date of receipt of a copy of this judgment; 6. In case such applications are filed by the parties, the Tribunal is directed to receive the same and pass appropriate orders in accordance with law. 7.
5. Both the parties are permitted to adduce additional oral and documentary evidence, if any, within two weeks from the date of receipt of a copy of this judgment; 6. In case such applications are filed by the parties, the Tribunal is directed to receive the same and pass appropriate orders in accordance with law. 7. The amount, if any, in deposit by the Insurer shall be refunded to it, forthwith. 8. Office to draw award, accordingly.