1 S.B.CIVIL MISC. APPEAL NO.235/1999 (Mahendra Singh Vs. Kalyan Sahai and ors.) Date of Judgment : 19-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.Jitendra Sharma & Mr.Rajneesh Gupta, for the respondents. This appeal has been preferred on behalf of ppellant Mahendra Singh, owner of truck No.RJ-02-0006 against the award passed by the learned Motor Accident Claims Tribunal, Alwar vide judgment dated 11.11.98 whereby claim petition of the appellant-claimant for the damages caused to his truck was dismissed. 2. Learned counsel for the appellants submits that his truck, stated hereinabove, was standing in the police custody on the road side after being dashed by a jeep in the accident. The truck was again dashed from behind by the offending truck no.RNG- 2827 while standing in stationary condition, resulting to extensive damage to the truck. It is also submitted that the learned Tribunal has erred in dismissing the claim petition of the claimant on the ground that the appellant could not establish the 2 accident caused with the jeep. It is also submitted that he wants to produce evidence on the point by producing mechanical inspection report etc. On the point to establish that how much damage was caused by which vehicle and case may 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. It is further submitted that damage to the truck owned by the appellant was already caused in the accident with the jeep and not by the vehicle which is insured with them. 4. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the truck owned by the appellant was involved in two accidents initially with the jeep and then with the truck belonging to the respondents, therefore, it was essential to assess the extent of damage caused to the truck in two 3 accidents. But the same could not be assessed on the basis of evidence produced during inquiry, therefore, matter deserves to be remanded as prayed by the learned counsel for the appellant for fresh decision after due opportunity of hearing and leading evidence from both sides. 5. Accordingly, the impugned judgment/award passed by learned Tribunal is set aside and the matter is remanded for fresh decision on all the issues after giving due opportunity to all the parties for hearing and leading evidence if any. Both the parties are directed to remain present before the concerned Tribunal on 25.3.2009. Record of the case be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.h-7