1.0 This appeal is directed against the judgementt and award dated 28.06.2005 passed by the learned Motor Accident Claims Tribunal( Auxi.), in Claim Case No. 174 of 2002, wherein the Tribunal has awarded a sum of Rs. 118920/ along with interest at the rate of 9% per annum from the date of claim petition till realization.
2.0 On 18.08.2001 when the claimant was returning from Ghari by driving Baja scooter No. GJ14A 9666, it slipped and claimant sustained serious injuries. He took prolonged treatment. He therefore, filed the aforesaid claim petition before the learned Tribunal wherein the aforesaid award came to be passed which is challenged in the present appeal.
3.0 Learned advocate for the appellant contended that Exh. 34, does not refer the vehicle number. However, FIR refers vehicle number GCL 16814 ( Bajaj Scooter), whereas in the award vehicle number is mentioned as GJ 15A 9666.
4.0 Thus there is discrepancy in the identity of the vehicle. The learned Tribunal has not verified whether the chasis number was that of vehicle bearing registration No. GJ14A9666 or not. The contention which has been raised by the learned advocate for the appellant is required to be reconsidered by the learned Tribunal. In that view of the matter, the matter is required to be reconsidered by the learned Tribunal.
5.0 Accordingly the appeal is allowed. The judgement and award impugned in the present appeal is hereby quashed and set aside. The matter is remanded to the Tribunal to consider the same afresh. The Tribunal shall hear and decide the matter as early as possible and in any case within a period of one year from the date of receipt of writ of this order. It will be open to both the parties to lead their evidence to support the case. In the meanwhile the awarded amount shall be invested in a fixed deposit by the Tribunal with any nationalized bank in the name of the Nazir of the Tribunal and the receipt thereof shall be retained with the Tribunal. The interest that may be accrued on the said deposit shall not be disbursed. The appeal stands disposed of accordingly. No order as to costs.
6.0 It is clarified that this Court has not entered into the merits of the matter. Record and proceeding, if lying with this Court shall be sent back to the concerned Tribunal forthwith.
(K.S.JHAVERI, J.) niru*