IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA: FAO.No.349/2004. Date of Decision : 18th July, 2008. Union of India and others. …Appellants. Versus: M/s Kinnaur Federation and Ors. Respondents. Coram: The Hon’ble Mr.Justice Sanjay Karol, Judge. Whether approved for Reporting?1 For the appellants: Mr. K.B.Khajuria, Central Govt. Counsel. For Respondents 1&2. Mr.Jagdish Thakur, Advocate . For Respondent-3. Mr.Deepak Bhasin, Advocate. Sanajy Karol, J (Oral). The present appeal arises out of the award dated 1st July, 2002 passed by Motor Accident Claims Tribunal, Kinnaur Division at Rampur Bushahr, H.P. in M.A.C. Case No. 30 of 2002 titled as Union of India and others Vs. M/s Kinnaur Federation and others. The claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as `the Act’) was filed by the appellant,claiming a compensation of Rs.83,55,486/- as damage caused to the property owned by the Union of India, as a result of an accident dated 6th January, 2002 which occurred due to the alleged fault and negligence of Sh. Ravinder Singh-respondent No.2 driver of the truck No.H.P.25-0290. The vehicle was owned by respondent 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 No.1. The claim petition was dismissed on the ground that the claimant had failed to plead and prove that the bridge in question had collapsed due to the rash and negligent driving on the part of respondent No.2 and that the damage to the property belonging to the appellant was as a result thereof. In the present appeal the said impugned award has been assailed. The matter was heard for some time on merits when it was brought to notice that the Tribunal has not gone into the question of competence and capacity of Sh. M.P. Singh (PW-2) to have instituted the claim petition. Learned counsel for the appellant is of the view that the matter be remanded back . Therefore, without expressing any opinion on the merits of the matter, it would be in the interest of justice that the matter be remanded back to the Tribunal for considering the same and return its finding. The impugned award is accordingly set aside and the claim petition is restored to its original position. It would be open for the parties to place such material on record as may be admissible in accordance with law. The matter being old, it is expected of the Tribunal to dispose of the same as expeditiously as possible. The present appeal is accordingly disposed of. (Sanjay Karol), Judge. July 18, 2008(R)