1. In connection with the vehicular accident that took place on 23.05.2004 in which Manubhai Rathod expired, the legal heirs of deceased preferred claim petition being M.A.C.P. No.974/2004, 975/2004 & 977/2004 u/s.163-A of the Motor Vehicles Act before the Motor Accident Claims Tribunal (Main), Surat. The said claim petition was allowed in part by judgment and award dated 07.06.2006. 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 submissions, the same were not appreciated 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, 2011 (13) SCALE 84 and it has been prayed that the matter be remanded to the Tribunal concerned.
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. Consequently, 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). Both the sides shall be at liberty to adduce evidence, which shall be duly considered by the Tribunal in view of the decision referred to herein above. 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 permitted to be accumulated. The entire amount with interest shall be disbursed in favour of the party, who finally succeeds in the claim petitions, after giving necessary set-off against any payments that may have been made earlier. The Tribunal concerned shall decide the claim petitions within a period of Two Years from the date of receipt of writ of this order. The appeals stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*