FAO No. 527 of 2008 30.6.2009 Present: Mr. V.B. Verma, counsel for the appellants. Mr. V.S. Chauhan, counsel for respondent No. 1. Mr. Parkash Chand, counsel for respondent No. 2. Mr. Jitender Verma, vice counsel for respondent No. 3. In the present appeal, the impugned award dated 22nd of April 2008, passed by Motor Accident Claims Tribunal (III), Shimla in MACT No. 31-S/2 of 06/02, titled as Yaseen Mohamad vs Khajan Chand Azad and another has been assailed by the claimants. The Tribunal has dismissed the claim petition on the ground that the date of the death of the predecessor-in-interest of the claimants was recorded differently in the pariwar register. The Tribunal has passed the award on the basis of presumption that post mortem report was deliberately not produced by the petitioners/claimants. After having heard the learned counsel for the parties, they are in agreement that the impugned order be set aside, as the Tribunal ought to have considered the record in its entirety and also rendered its finding on all the issues. Accordingly award dated 22nd April 2008 is set aside. The matter is remanded back. Original claim petition FAO No. 527 of 2008 is revived. The Tribunal is directed to decide the case afresh, in accordance with law. If necessary, Tribunal shall afford adequate opportunity to the parties for leading additional evidence. Since the matter pertains to the year 2002, the Court below shall make an endeavour to decide the case as expeditiously as possible and preferably before 31st of March, 2010. Learned counsel for the parties agree that they shall appear before the Tribunal on 17th of August, 2009. The Registry is directed to send a copy of this order, as also the record, immediately. (Sanjay Karol), 30th June, 2009 Judge. (vs)