1. In connection with the vehicular accident that took place on 12.12.2004 near Dayapar road in which Mangalsingh expired, his legal heirs filed M.A.C.P. No.790/2004 before the Motor Accident Claims Tribunal (FTC-5), Kachchh at Bhuj u/s.163-A of the M.V. Act. The said claim petition came to be partly allowed by way of impugned award dated 05.08.2008.
2. 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 [2012 (2) SCC 356].
3. Heard learned counsel for the respective parties. 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. The impugned award dated 05.08.2008 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 and shall give the set off against the awarded amount. 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.
[K.S.
JHAVERI, J.] /phalguni/ Top