1. By way of this appeal, appellant – Insurance Company has challenged the order dated 14.02.2008 in Motor Accident Claims Petition No.834 of 2005, filed under Section 163-A of the Motor Vehicles Act, passed by the Motor Accident Claims Tribunal(Auxi), Bhavnagar, whereby the Tribunal has awarded Rs.1,84,500/- together 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 though there was no liability of appellant – Insurance Company to pay compensation as the deceased himself was a wrongdoer. 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 liability issue, even though, it was specifically raised by filing written objection vide Exh.15. Prima-facie it appears that the issue of negligence is required to be examined seriously, in view of the decision in case of Sinitha's Case (Supra) as the appellant – Insurance Company is contending that the deceased himself was the wrongdoer.
4. Accordingly, the order 14.02.2008 passed in Motor Accident Claims Petition No.834 of 2005 is quashed and set aside. The matter is remanded to the Tribunal for considering the matter afresh. 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 Tribunal shall invest the entire amount lying with it in FDR on long terms basis and the interest accrued thereon shall be accumulated. But, if any amount has been already withdrawn, necessary set-of will be given. Orders regarding disbursement of the amount of deposit shall be passed by the Tribunal at the time of disposal of the final claim petition. The appeal stands disposed of accordingly. R & P to be sent back to the concerned Tribunal, forthwith.
..mitesh..
[K.S.JHAVERI, J.]