1. In connection with the vehicular accident that took place on 24.03.2004 on the Mundra – Gandhidham Road in which Pramodkumar Mahendrabhai Rathod expired, his legal heirs filed M.A.C.P. No.288/2004 before the Motor Accident Claims Tribunal (Aux.), Bhuj – Kachchh u/s.163-A of the M.V. Act. The said claim petition came to be partly allowed by way of impugned award dated 05.07.2007.
2. It has been mainly contended on behalf of the appellant that though specific contentions regarding negligence, non-joinder of necessary party and the passing of an award under the provisions of the Workmen's Compensation Act in respect of the same incident were raised before the Tribunal, the same were not considered. 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.
3. 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 award dated 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 shall be accumulated pending final disposal of the claim petition. The entire amount with interest 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 one year from the date of receipt of writ of this order. The appeal stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*