1. In connection with the vehicular accident that took place on 04.12.2008 in which both Rameshbhai Kabhai Vaghela and Chimanbhai Dahyabhai Vaghela had expired, the heirs and legal representatives of deceased had preferred claim petitions being M.A.C.Ps. No.811/2008 and 810/2008 respectively u/s.163-A of the Motor Vehicles Act before the Motor Accident Claims Tribunal (Main), Bharuch. Both the said claim petitions were allowed in part by judgment and award dated 13.09.2010. Being aggrieved by the same, the appellant-Insurance Company has preferred the present appeals.
2. It has been mainly contended on behalf of the appellant-Insurance Company that though specific contention was raised before the Tribunal regarding liability of the Insurance Company, apart from other contentions, the same were not appreciated by the Tribunal in its proper perspective. Reliance has been placed on the decision of the Apex Court in the case of National Insurance Co. v. Sinitha and others, (2012) 2 SCC 356 [2011 (13) SCALE 84] and it has been prayed that the matter be remanded to the Tribunal concerned for consideration afresh.
3. Considering the facts of the case and in view of the principle rendered in Sinitha's case (supra), it would be appropriate that the Tribunal re-considers the matter.
4. Hence, the following order is passed;
(i) The appeals are allowed in part.
(ii) The impugned judgment and awards are quashed and set aside and the matters are remanded to the Tribunal concerned for consideration afresh, in light of the decision rendered in Sinitha's case (supra).
(iii) The Tribunal concerned shall decide the claim petitions in question, along with other claim petitions, within a period of Two Years from the date of receipt of writ of this order.
(iv) Both the sides shall be at liberty to adduce evidence, which shall be duly considered by the Tribunal, in view of the decision of the Apex Court, as referred to herein above.
(v) Until the claim petitions are decided, the Tribunal concerned shall invest the entire amount lying with it in FDR and interest accruing thereon shall be accumulated.
(vi) However, the claimants shall be entitled for periodical interest up to the date of this order. The entire amount, including interest, shall be disbursed in favour of the party, who finally succeeds in the claim petitions, after giving necessary set-off against payments that may have been made earlier.
(vii) This order of remand has been passed in light of the decision rendered in Sinitha's case (supra) and not on merits and therefore, the Tribunal shall decide the issue afresh on its own merits being uninfluenced by this order.
(viii) The appeal stands disposed of accordingly. No order as to costs. Consequently, the civil applications also stand disposed of on the same terms.
(ix) R & P, if lying with this Court, be sent back.
[K.
S. JHAVERI, J.] Pravin/* Top