1. In connection with the vehicular accident that took place on 28.07.2003, present respondent Nos.1 and 2, had preferred claim petition being M.A.C.P. No.974/2003 u/s.163-A of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Mehsana. The said claim petition was allowed in part by judgment and award dated 18.11.2009. Being aggrieved by the same, the appellant- Insurance Company has preferred the present appeal.
2. It has been mainly contended on behalf of the appellant that though the claim is covered under the Insurance Policy but payment for coverage unlimited liability has not been made, but, the Tribunal has failed to appreciate the said fact. Reliance has been placed on the decision of the Apex Court in the case of National Insurance Co. v. Sinitha and others, (2012) 2 SCC 356 [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), I am of the opinion that it would be appropriate to remand this matter before the Tribunal only for the purpose of deciding the issue as to whether the liability of the Insurance Company is limited or unlimited.
4. Hence, the following order is passed;
(i) The appeal is allowed in part. The impugned judgment and award is quashed and set aside and the matter is remanded to the Tribunal concerned for consideration afresh in light of the decision rendered in Sinitha's case (supra).
(ii) The Tribunal concerned shall decide the claim petition within a period of Two Years from the date of receipt of writ of this order.
(iii) Both the sides shall be at liberty to adduce evidence, which shall be duly considered by the Tribunal, in view of the decision of the Apex Court, as referred to herein above.
(iv) Until the claim petition is decided, the Tribunal concerned shall invest the entire amount lying with it in FDR and interest accruing thereon shall be accumulated. However, the claimants shall be entitled for periodical interest up to the date of this order. The entire amount, including interest, shall be disbursed in favour of the party, who finally succeeds in the claim petition, after giving necessary set-off against payments that may have been made earlier.
(v) This order of remand has been passed in light of the decision rendered in Sinitha's case (supra) and not on merits and therefore, the Tribunal shall decide the issue afresh on its own merits without being uninfluenced by this order.
(vi) The appeal stands disposed of accordingly. No order as to costs. R & P, if lying with this Court, be sent back.
[K. S. JHAVERI, J.] (vijay)