1. These crossappeals have been preferred against the judgment and award dated 12.06.2000 passed by the Motor Accident Claims Tribunal [Aux.] Kachchh at Bhuj in M.A.C.P. No.744/1997, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.3,15,500/ along with interest @ 12% per annum from the date of the application till its realization.
2. In connection with the vehicular accident that took place on 10.05.1997 involving a Truck bearing registration No. GJ12T9116, Ramji Aala Harijan expired and therefore, his legal heirs filed M.A.C.P. No.744/1997 before the Motor Accident Claims Tribunal, Kutch – Bhuj, which came to be partly allowed, by way of impugned award dated 12.06.2000..
3. It has been mainly contended on behalf of the appellant that though specific contentions 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.
4. Considering the facts of the case and in view of the principle laid down in Sinitha's case (supra), the matters are remanded to the Tribunal for consideration afresh. The impugned award dated 12.06.2000 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. The Tribunal shall decide the claim petition within one year from the date of receipt of writ of this order. The appeals stand disposed of accordingly.
[K.S. JHAVERI, J.] /phalguni/