1. Since the issue involved in all these appeals is common, they are heard together and disposed of by this common judgment.
2. By way of First Appeal Nos. 2051 and 2052 of 2005, the appellant has challenged the judgment and award of the M.A.C.T.(Main), Bhavnagar, dated 20.01.2005, rendered in M.A.C.P. Nos.564 and 393 of 2002, whereas by way of First Appeal No.2053 of 2005, the appellant, therein, has challenged the judgment and award of the M.A.C.T.(Auxi.), Bhavnagar, dated 05.11.2004, rendered in M.A.C.P. No.676 of 2001, whereby the concerned tribunals partly allowed the said claim petitions.
3. Heard learned Counsel for the parties and perused the material on record. Admittedly, all the appeals arise out of claim petitions filed under Section-163A of the Motor Vehicles Act.
4. At this juncture, the attention of this court is invited to a decision of the Apex Court in the matter of “NATIONAL INSURANCE CO. LTD. VS. SINITHA & ORS.”, reported in 2011(13)SCALE 84, wherein it is held that it is open to the owner or insurance company, as the case may be, to defeat a claim under Section 163-A of the Act by pleading and establishing a 'fault' ground.. Thus, in view of the ratio laid down by the Hon'ble Apex Court in the aforesaid judgment, these matters are required to be remanded to the concerned tribunals for their adjudication afresh.
5. In the result, all the appeals are PARTLY ALLOWED. The judgments and awards, impugned in these appeals are QUASHED and set aside. All the matters are remanded to the concerned tribunals for their adjudication afresh, on merits. The amounts lying before the concerned tribunals in FDRs be renewed from time to time and the interest accruing on the same shall be permitted to be accumulated. The tribunals concerned, shall hear and decide the matter afresh within a period of ONE YEAR from the date of receipt of the writ of this Court. R & P, if already received, be SENT BACK to the concerned tribunal, forthwith. No order as to costs.
(K.S. JHAVERI,J.) Umesh/