1. By way of this appeal, the appellant has challenged judgement and award dated 12.10.2010 passed by the Motor Accident Claims Tribunal (Aux.), Patan in MACP No. 293 of 2007.
2. Brief facts of the case are that:
On 27.08.2007, at around 2.00 a.m., the deceased was passing through Radhanpur-Kandla highway road near Piprala village by Tempo bearing No. G.J. 24 U 344. While passing through the said road one Scorpio car bearing No. GJ 12 P 7174 coming from opposite side with excessive speed and in a rash and negligent manner, dashed with the said tempo. The deceased sustained injuries in the said accident and succumbed to the same. Applicants being parents of the deceased filed MACP No. 293 of 2007 before the Motor Accident Claims Tribunal, Patan claiming compensation of Rs. 5,16,166/-.
The tribunal, vide judgement and award dated 12.10.2010, partly allowed the claim petition granting Rs. 4,00,500/- with 7.5% interest p.a. from the date of the claim petition till realization.
Being aggrieved by the said order, present appellant, original opponent No.4 preferred the said appeal.
3. Counsel for the appellant submitted that the tribunal has erred in not apportioning the liability between the two vehicles. He further stated that the Tribunal did have jurisdiction to determine the inter se negligence between two drivers where two vehicles were involved and apportion the liability accordingly, as per “No fault liability” under section 163A of the Motor Vehicles Act. Reliance has been placed on the decision of the Apex Court in the case of National Insurance Co. v. Sinitha and others, 2011 (13) SCALE 84.
4. Heard learned counsel for the parties.
5. Considering the facts of the case and in view of the principle laid down in Sinitha's case (supra), the matter is remanded to the Tribunal for consideration afresh in light of the above judgment. Accordingly, the impugned judgement and award dated 12.10.2010 is quashed and set aside. Both the sides shall be at liberty to adduce evidence. The amount lying with the Tribunal shall be invested in FDR and interest accumulated thereon shall not be disvursed, pending final disposal of the claim petition. The entire amount with interest accrued thereon shall be paid to the party who succeeds in the claim petition, after giving necessary set-off of the amount that might have already been received by the original claimants. The Tribunal shall decide the claim petition within two years from the date of receipt of writ of this order. The appeal stands disposed of accordingly. No order as to costs.
JYOTI [K.S.JHAVERI, J.]