1. In connection with the vehicular accident that took place on 08.02.1998, present respondent Nos.1 had preferred claim petition being M.A.C.P. No.411/1998 u/s.163-A of the Motor Vehicles Act before the Motor Accident Claims Tribunal(Main), Kheda at Nadiad. The said claim petition was allowed in part by judgment and award dated 26.03.1999. Being aggrieved by the same, the appellants- Original opponent Nos. 2 and 3.
2. It has been mainly contended on behalf of the appellant that the Tribunal has assessed the disability and income of the claimant in absence of Medical Report and evidence regarding income. He further submitted that before the Tribunal the doctor has also not been examined. Merely on the Workmen Compensation Act, the compensation has been awarded to the claimant. 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], Deepal Girishbhai Soni and Others V. United India Insurance Co. Ltd. reported in 2004(2) GLH 180 [AIR 2004 SC 2107 = 2004(5) SCC 385] and it has been prayed that the matter be remanded to the Tribunal concerned.
3. Keeping in mind the fact that the Tribunal has awarded compensation in absence of any evidence regarding income and disability. Therefore, I am of the opinion that it would be appropriate to remand this matter before the Tribunal only on the ground that for the purpose of deciding the issues afresh.
4. Hence, the following order is passed;
(i)The appeal is allowed in part. The impugned judgment and award is quashed and set aside.
(i) The matter is remanded to the concerned Motor Accident Claims Tribunal for adjudication afresh under Section 166 of the M.V. Act.
(ii) This Court has passed the aforesaid order in view of the fact that the Tribunal has not followed the procedure established by law and therefore the Tribunal may not be influenced by the order of this Court.
(iii) The amount invested in Fixed Deposit, as directed by this Court, shall be continued in Fixed Deposit and the claimants shall be entitled for the periodical interest on the said Deposit only up to the date of this judgment and order.
(iv) It is, however, made clear that interest accruing on the said Fixed Deposit shall be accumulated and will be adjusted at the time of the final award.
(v) The amount awarded & already withdrawn by the claimant, pursuant to the impugned award, will be adjusted at the time of the final award.
(vi) Since the matter is pending since long, the Tribunal is directed to dispose of the case as expeditiously as possible and in any case not later than two years from the date of receipt of the writ of this Court.
(vii) It is observed that this Court has not entered into the merits of the matter and the Tribunal shall consider the same afresh, without being influenced by the fact that this Court has quashed its earlier judgment and award.
(viii) R & P, if lying with this court, to be sent to the Tribunal forthwith.
[K.S. JHAVERI,J.] pawan