1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.279/2007 (Shishpal Mehra and ors. Vs. Hansraj and ors.) Date of Judgment : 31.08.2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.B.C.Rawat,for the appellants. Mr.Dinesh Kala & Mr.R.S.Sharma, for the respondents. With the consent of both the parties, this matter is being finally diposed of at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of appellants-dependents of deceased Rajesh @ Kailash against the judgment and award passed by learned Motor Accident Claims Tribunal-cum-Addl. Distt. Judge No.7, Jaipur city, Jaipur vide judgment dated 21.7.06 whereby claim petition of the appellants was dismissed for want of sufficient evidence as stated in issue no.5 and no other issue was decided. 4. The learned counsel for the appellant submits that he had produced sufficient evidence in support of his claim petition, 2 but the learned Tribunal has not appreciated the evidence and documents available on record and erred in not deciding all the issues on the basis of evidence and has also erred in deciding issue no.5 against him by dismissing claim petition for want of sufficient evidence. 5. Per contra, learned counsel for the respondent-Insurance Company has submitted that the learned Tribunal has rightly observed that no sufficient evidence was produced on issue no.1 to 4 and as such the claim petition was dismissed for want of sufficient evidence by observing so in issue no.5. Learned counsel for the respondent- owner & driver also supported the judgment of the Tribunal and submitted that he has filed an application under O.41 R.27 CPC for taking driving license on record and also submitted that in case, matter is remanded, he may be permitted to produce the documents on record. 6. On hearing rival contentions,and going through the award as also record of the case,it is revealed that the issues framed 3 on the points of quantum, negligence as well as pertaining to dependency of the deceased have not been decided for want of sufficient evidence and claim petition has been summarily dismissed, therefore, the matter deserves to be remanded for fresh decision after giving opportunity of hearing and to adduce evidence to all the parties including documentary evidence. 7. Accordingly, appeal of the appellants is allowed. The impugned Judgment & award dated 21.7.06 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 to all the parties and to adduce evidence including documentary evidence. All the parties are directed to remain present before the Tribunal on 15.10.2009. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.62