IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.204 of 2007 DIVISIONAL MANAGER.ORIENTAL INSURANCE COMPANY LTD. Versus RAM SHILA KUER & ORS. ----------- 10. 11.05.2010. Heard the learned counsel, Sri Durgesh Kumar Sinha, appearing on behalf of the appellant, heard the learned counsel, Sri Krishna Kant Tiwary, appearing on behalf of the owner-respondent No.8 and also heard the learned counsel, Sri Mukesh Prasad Sinha, on behalf of claimants respondent No.1 to 7. This Appeal has been filed against the judgment and award dated 24.01.2007 and 07.02.2007 respectively passed by Sri Daroga Singh, 1st Addl. M.V.A. Claim Tribunal, Muzaffarpur in claim Case No.204 of 2005. The learned counsel for the appellant submitted that while passing the judgment and award, the learned Tribunal has not at all considered the documentary evidences adduced on behalf of the appellant who was opposite party No.2 in the Court below. The learned counsel further submitted that in paragraph 6 of the judgment, the learned Tribunal has only catalogued the documentary evidences adduced by the appellant but without considering the effect of the said documents, directed the appellant to pay the compensation. The learned counsels appearing on behalf of the respondents do not dispute this fact that the learned Tribunal has not at all discussed the documentary evidences adduced by the appellant. From perusal of the judgment, it appears that the learned Tribunal has not at all discussed the documentary evidence of 2 appellant and its effect on the case. In view of the above facts and circumstances of the case, the impugned judgment and award is set aside. The matter is remanded back to the Court below for passing a fresh judgment and award according to law after discussing the documentary evidences adduced on behalf of the appellant. It is made clear that the learned Tribunal shall only decided the effect of the above-said documents on the liability as to who will pay compensation. The parties appearing before this Court agreed that the amount of compensation awarded by the learned Tribunal is just compensation. Therefore, so far that part of the finding is concerned, it is confirmed. Statutory amount deposited by the appellant, i.e., Rs.25,000/- be returned to the appellant. In the result, this Appeal is allowed and matter is remanded to the Court below for fresh decision as directed above. Sanjeev/- (Mungeshwar Sahoo,J.)