1. By way of these appeals, the appellant-Insurance Company has challenged the judgment and award dated 20.11.1999, passed by the Motor Accident Claims Tribunal(Main), Kutch in MACP No.1193 of 1998 below Exh.1, under Section 163-A of the Motor Vehicles Act, whereby the tribunal has awarded Rs.4,17,500/- with interest at the rate of 12% per annum from the date of filing of the petition, till realization.
2. Learned advocate for the appellant has contended that the Tribunal has not entered in the issue of contributory negligence, which is required to be decided, even if, in the application under Section 163-A of the Act. He has further contended that in view of the principle laid down by the Apex Court in case of National Insurance Company Vs. Sinitha and Others reported in 2011(13) Scale 84., the matter requires to be remanded for considering the said aspect.
3. I have heard learned counsel for the appellant and perused the record as well as order passed by the Tribunal below application, filed under Section 163-A of the Motor Vehicles Act. It is apparent that the Tribunal has not dealt with issue regarding contributory negligence, even though, it was specifically raised as shown in Paragraph No.3 of the judgment. Considering the principle, laid down in Sinitha's Case (Supra), the issue regarding negligence is required to be considered by the Tribunal and hence, the matter is required to be remanded.
4. Accordingly, the order 20.11.1999 passed below Exh.1 in Motor Accident Claims Petition No.1193 of 1998 is quashed and set aside. The matter is remanded to the Tribunal for considering the matter afresh. The Tribunal is directed to decide the matter, within two years from the date of receipt of this order. However, to protect the interest of the original applicants, the Tribunal shall invest the entire amount lying with it in FDR on long terms basis and the interest accrued thereon shall be accumulated. But, if any amount has been already withdrawn, necessary set-of will be given. Orders regarding disbursement of the amount of deposit shall be passed by the Tribunal at the time of disposal of the final claim petition. The appeal stands disposed of accordingly. R & P to be sent back to the concerned Tribunal, forthwith.
..mitesh..
[K.S.JHAVERI, J.]