1. In connection with the vehicular accident that took place on 11.04.2005 on the Talaja – Mahuva Highway in which minor Pooja expired, her legal heirs filed M.A.C.P. No.306/2005 before the Motor Accident Claims Tribunal (Main), Bhavnagar, which came to be partly allowed, by way of impugned award dated 23.04.2008.
2. It has been mainly contended on behalf of the appellant that though a specific contention was raised before the Tribunal that the appellant-Insurance Company could not be held liable to satisfy the award on the facts of the case, the same was not considered by the Tribunal. 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), I am of the view that the matter requires re-consideration. In view of the same, the matter is remanded to the Tribunal for consideration afresh. The impugned award dated 23.04.2008 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. 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.] Pravin/*