1. By way of this appeal, appellant – Insurance Company has challenged the order dated 25.03.2003 passed in Misc. Motor Accident Claims Petition No.113 of 2001, filed under Section 163- A of the Motor Vehicles Act, passed by the Motor Accident Claims Tribunal, Kutch, whereby the Tribunal has awarded Rs.84,500/- with interest at the rate of 9% p.a. from the date of this application till the realization.
2. Learned advocate for the appellant has contended that the appellant-Insurance Company is not liable to satisfy the award as the deceased along with 40 other persons were being carried as gratuitous passengers in the goods 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 National Insurance Company Vs. Sinitha and Others reported in 2011(13) Scale 84.
3. I have heard learned counsel for the appellant 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. Considering the principle, laid down in Sinitha's Case (Supra),the issue regarding negligence is required to be considered by the Tribunal and hence, the matter is required to be remanded.
4. Accordingly, the matter is remanded to the Tribunal for considering the issue regarding liability of paying compensation. The Tribunal is directed to decide the matter, within two years from the date of receipt of this order. However, to protect the interest of the original applicants, the deposited amount will remain deposited in FDR and interest accrued thereon will not be disbursed to the original claimants. If the amount is already disbursed then, the set off will be given. The entire amount will be given to the party, who succeeds in the claim proceeding. The appeal stands disposed of accordingly.
..mitesh..
[K.S.JHAVERI, J.]