1. By way of this appeal, appellant – Insurance Company has challenged the order dated 20.10.1999 passed in Motor Accident Claims Petition No.710 of 1995, filed under Section 163-A of the Motor Vehicles Act, passed by the Motor Accident Claims Tribunal, Bharuch, whereby the Tribunal has awarded Rs.1,74,500/- together with interest at the rate of 12% p.a. from the date of this application till the realization.
2. Learned advocate for the appellant has contended that the Tribunal has not passed any order in application Exh.37 and strait away decided the claim petition under Section 163-A of the Act.
3. Learned counsel for the respondent was not in a position to controvert the above position.
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. A specific contention is raised by the appellant that the Tribunal has not passed any formal order under the application Exh.33 for treating the claim under Section 163-A, instead of Section 166 of the Act. It is also contended that the Tribunal has not passed any order under application Exh.37, though both the parties were heard at length. Considering the contentions raised the learned advocate for the appellant, in my view, the principles of natural justice was violated by the Tribunal inasmuch as no order has been passed on application Exh.37 though the parties were heard. Hence, the impugned award deserves to be quashed and the matter is required to be remanded.
5. Accordingly, the order 20.10.1999 passed in Motor Accident Claims Petition No.710 of 1995 is quashed and set aside. The matter is remanded to the Tribunal for considering the matter afresh. However, to protect the interest of the original applicants, the amount shall remain invested in FDR on long terms basis and the interest accrued thereon shall be accumulated. The appeal stands disposed of accordingly. R & P to be sent back to the concerned Tribunal, forthwith.
6. It is made clear that this Court has not expressed any opinion on merits.
..mitesh..
[K.S.JHAVERI, J.]