1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1235/2000 (Ramsi Vs. Pramod Kumar and ors.) Date of Judgment : 03-09-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.R.S.Rathore , for the respondents. This appeal has been preferred on behalf of appellants-dependents of deceased Vijay Kumar, aged 10 years, against the judgment & award passed by learned Motor Accident Claims Tribunal, Dausa vide judgment dated 1.6.2000 whereby claim petition was dismissed on the basis of finding on issue no.1 whereby the issue of negligence on the part of driver of the offending vehicle was decided against the appellant-claimants. 2. The learned counsel for the appellant submits that the child was playing outside the house near the road and he was dashed by the offending vehicle Maruti Car due to rash and negligent driving of offending vehicle. It is also submitted that the Tribunal has failed to appreciate the evidence on record 2 as the fact that it is the duty of the driver of offending vehicle to avoid any accident where a child comes on road while playing has been over looked. It is further submitted that issue regarding quantum of compensation as well as other issues have not been decided and the case deserves to be remanded. 3. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 4. On hearing rival contentions,and going through the award as also record of the case,it is revealed that the learned Tribunal has failed to decide all the issues in the claim petition including the issue pertaining to quantum of compensation so that the matter may be decided in entirety and as such the matter deserves to be remanded on fresh decision on issue no.1 as well as all other issues after giving 3 opportunity of hearing and to adduce evidence to both the parties. 5. Accordingly, appeal of the appellants is allowed. The impugned Judgment & award dated 1.6.2000 is set aside and the matter is remanded to the Tribunal with a direction to decide all the issues afresh after giving opportunity of hearing as well as to adduce evidence, if any, to both the parties. All the parties are directed to remain present before the Tribunal on 22.10.2009. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.20