1. In connection with the vehicular accident that took place on 25.05.2001 involving the Tractor trolley bearing registration No. GJ-9U-1529, one Malsinh expired and therefore, his legal heirs filed M.A.C.P. No.1297/2001 before the Motor Accident Claims Tribunal [A], 3rd Fast Track Court, Kheda at Nadiad, which came to be partly allowed, by way of impugned award dated 22.08.2005.
2. It has been mainly contended on behalf of the appellant that though specific contentions were raised before the Tribunal, the same were not considered. Reliance has been placed on the decision of the Apex Court in the case of National Insurance Co. v. Sinitha and others, 2011 (13) SCALE 84.
3. Considering the facts of the case and in view of the principle laid down in Sinitha's case (supra), the matter is remanded to the Tribunal for consideration afresh. The impugned award dated 22.08.2005 is quashed and set aside. Both the sides shall be at liberty to adduce evidence. The amount lying with the Tribunal shall be invested in FDR and interest shall be accumulated pending final disposal of the claim petition. The entire amount with interest shall be paid to the party who succeeds in the claim petition. The Tribunal shall decide the claim petition within two years from the date of receipt of writ of this order. The appeal stands disposed of accordingly.
[K.S.
JHAVERI, J.] /phalguni/ Top