1. By way of this appeal, the appellant-Insurance Company has challenged the judgment and award dated 27.05.2005, passed by the Motor Accident Claims Tribunal(Main), Dahod in MACP No.5203 of 2004(Old MACP No.1110 of 2002), whereby the Tribunal has awarded Rs.4,17,500/- with interest at the rate of 9% per annum from the date of filing of the petition, till realization and proportionate costs.
2. Learned advocate for the appellant has contended that the appellant-Insurance Company is not liable to satisfy the award as the deceased was travelling as gratuitous passenger in the vehicle. He has further contended that the Tribunal ought to have considered the issue of liability of paying compensation. Learned advocate for the appellant has relied upon the decision of Apex Court in case of Bhagyalakshmi and others Vs. United India Insurance Co. Ltd. and another reported in (2009)7 SCC 148 and in case of National Insurance Company Vs. Sinitha and Others reported in 2011(13) Scale 84.
3. Learned counsel for respondent-claimant supported the impugned award and submitted that the Insurance Policy in question was a comprehensive policy and therefore, the Tribunal was justified in holding the appellant-Insurance Company liable to satisfy the claim.
4. I have heard learned counsel for the parties 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 liability of paying compensation at the time of deciding the application, filed under Section 163-A of the MV Act, though it was specifically contended before the Tribunal and the Tribunal has mentioned that contention in paragraph No.11, Page-6 of the judgment. Considering the principle, laid down in Sinitha's Case (Supra) and in Bhagyalakshmi's Case (Supra), the issue regarding liability to pay the compensation is required to be considered by the Tribunal and hence, the matter is required to be remanded.
5. Accordingly, the order 27.05.2005 passed in Motor Accident Claims Petition No.5203 of 2004 (Old MACP No.1110 of 2002) 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, after hearing both the sides, 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.]