1. By way of this appeal, appellant has challenged the order dated 28.11.2005 passed in Motor Accident Claims Petition No.414 of 2002, filed under Section 140 of the Motor Vehicles Act, passed by the Motor Accident Claims Tribunal, Rajkot, whereby the Tribunal has awarded Rs.25,000/- alongwith 10% interest.
2. Learned advocate for the appellant has contended that though it was specifically urged before the Tribunal that at the relevant point of time, the driver of the vehicle in question was not authorized under the Motor Vehicles Act to drive the vehicle in question, the Tribunal erred in considering the said aspect and decided the issue against the appellant-Insurance Company.
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 140 of the Motor Vehicles Act. Considering the facts of the case, I find merits in the submission advanced by the learned counsel for the appellant. In my view, any observations that may be made by this Court on the merits of the case, may prejudice the rights/ interests of either party. Hence, without observing anything on the merits of the case, it would be appropriate that matter is remanded to the Tribunal for deciding the same afresh.
4. In that view, the order passed in MACP No.414 of 2002 is quashed and set aside. The proceedings are remanded back to the Tribunal with a direction to decide the same, within one year 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. The entire amount will be given to the party, who succeeds in the claim proceeding. The appeal stands disposed of accordingly. The R & P to be sent back to the Tribunal forthwith.
..mitesh..
[K.S.JHAVERI, J.]