1. By way of this appeal, the present appellant-original claimant challenged the judgement and order dated 14.08.2001, passed by the Motor Accident Claims Tribunal(Auxi), Bharuch, in M.A.C.P. No.862 of 1991, whereby the tribunal has dismissed the claim petition.
2. The brief facts leading to filing of this appeal are that on 23.06.1991 one Thakorlal Naginbhai Shah, was coming from Barod in the S.T. bus bearing registration No.GJ-1T-9393. When the bus reached near village Govali Public road, the driver of the S.T. bus lost control over the vehicle, therefore, accident occurred and due to the said accident one Thakorlal Naginbhai Shah, sustained grievous injuries. Therefore, he filed claim petition being M.A.C.P. No. 862 of 1991 before the Tribunal for compensation. The Tribunal, by impugned judgment and order dismissed the claim petition. Hence this appeal.
3. Learned counsel for the appellant mainly contended that without framing the issue the Tribunal has dismissed the claim petition. Therefore, he prayed that the matter be remanded to the Tribunal concerned for fresh adjudication.
4. Learned counsel for the respondent was not in a position to controvert the said fact.
5. Heard learned counsel for the respective parties. It appears from the record that the factum of accident was not denied before the Tribunal. I find that the Tribunal has proceeded with the impugned award without framing any issue. It is well settled law that while deciding the claim petition, the Tribunal is required to frame issue on the facts of the case and thereafter record its findings and ultimate conclusions with respect of the said issue. In the present case, the Tribunal, admittedly, has not framed any issue while dismissed the claim petition. Therefore, I am of the view that it will be appropriate to remand this matter before the concerned Tribunal for fresh adjudication.
6. For the foregoing reasons the appeal is party allowed. The impugned award dated 14.08.2001, passed in M.A.C.P. No.862 of 1991 is quashed and set aside. The matter is remanded to the concerned Tribunal for considering the same afresh. The Tribunal is directed to frame issue and thereafter decide the claim petition being M.A.C.P.
No.862 of 1991 within a period of ONE YEAR from the date of receipt of this order. The appeal stands disposed of accordingly. No order as to costs. Records and proceedings be sent back to the concerned Tribunal forthwith.
pawan [K. S. JHAVERI, J.]