[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T S.B. CIVIL MISC. APPEAL NO. 1740/2002 SMT. PREM DEVI Vs. SHIV RAJ JAT & ORS. Date: 24.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Vimal Kumar Jain for the appellant. Ms. Raj Sharma and Mr. K.N. Tiwari for the respondents. **** The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimant/appellant against the impugned Award dated 01.06.2002 passed by the Motor Accident Claims Tribunal, Kekri (for short 'the Tribunal') in MACT Case No. 15/2001, whereby the claim petition filed by the claimant/appellant has been dismissed. The main grievance of the appellant is that the factum of accident is not disputed but the Tribunal arrived at conclusion contrary to the criminal case and charge-sheet filed by the police after investigation and held that the accident took place but not by Tractor No. RJ- 01/R-5306 but by some motor cycle and outrightly rejected the claim of the appellant. I have heard rival submissions of the respective parties and carefully gone through the [2] relevant record as also the impugned Award dated 01.06.2002 passed by the Tribunal. As per the settled preposition of law laid down by the Hon'ble Supreme Court, in case where charge-sheet has been filed by the police after investigation, the same required to be considered by the Tribunal at the time of deciding the claim petition, but it appears that the Tribunal vide its impugned Award dated 01.06.2002 outrightly dismissed the claim petition filed by the claimant/appellant without considering the charge-sheet submitted by the police, which is contrary to the law laid down by the Hon'ble Supreme Court. Therefore, the impugned Award dated 01.06.2002 passed by the Motor Accident Claims Tribunal, Kekri is herewith quashed and set-aside and the matter is remanded back to the Tribunal for fresh adjudication after giving opportunity of being heard to the parties and then shall pass fresh order/award. With these observations, the civil misc. appeal stands allowed. Record be sent back. (K.S. RATHORE)J. /KKC/