1. In connection with the vehicular accident that took place on 11.05.1999 involing the Truck bearing registration No. GRV 5653, Mansukhbhai expired and therefore, his legal heirs filed M.A.C.P. No.957/1999 before the Motor Accident Claims Tribunal, which came to be partly allowed, by way of impugned award dated 16.08.2002 and the appellants, original claimants, were awarded total compensation of Rs.1,54,600/- along with interest at the rate of 9% per annum from the date of application till its realization and the said amount was ordered to be recovered from respondent no.2, original opponent no.2.
2. Learned counsel for the appellant contented that the claimants were not given an opportunity to cross-examine on the issue as to whether the owner of the offending vehicle has paid premium or not.
3. Having gone through the records, the said submission raised by the appellants is required to be accepted. Hence, the matter is remanded to the Tribunal concerned. Both the sides shall be permitted to adduce evidence. The operative portion of the impugned award dated 16.08.2002 only in quashed and set aside and not the observations. It shall be open to the appellants to disprove the findings by adducing necessary evidence before the Tribunal. The appeal stands disposed of accordingly. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top