MACApp. 1/2004 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY Heard Mr. K.K. Dey, learned counsel appearing for the appellant and Mr. B.K. Jain, learned counsel representing respondents. This appeal is directed against the judgment and order dated 18.3.2000 p assed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati in MAC Case No.115 of 1996 whereby the claimants were awarded a sum of Rs.1,60,000 /-. The facts leading to the filing of this appeal may be stated as follows - Deceased Sambasi Rava, aged about 50 years, was returning home on foot b y the left side of the road, when the offending vehicle bearing No. AS-01-D-1492 , being fully loaded with hay, and driven in a rash and negligent manner, dashed against an electric post on the road side After the impact the offending vehicl e fell down on the body of the Sambasi. As a result of which Sambasi died on the spot. After filing of the claim petition, the Insurance Company only entered a ppearance and contested the claim. The Insurance Company by filing written state ment contended that the petition is not maintainable since there was no complian ce of the policy conditions by the owner of the vehicle and further driver of th e offending vehicle did not have a valid driving licence. Accordingly, the follo wing issues were framed by the learned Tribunal on the basis of the pleadings of the parties. 1. Whether the accident occurred due to rash and negligent driving of the v ehicle No.AS-01-D-1492 on 5.1.96 resulting in death of Sambasi Rava ? 2. What should be the just and proper compensation and from whom it should be recovered? During the trial, three (3) witnesses were examined by the claimants who were duly cross-examined by the opposite party-Insurance Company. On conclusion of the hearing, the learned Tribunal awarded a sum of Rs.1,60,000/- to the clai mants with the interest @ 12 per annum from the date of filing of the claim peti tion. Learned counsel appearing for the appellant-Insurance Company has challe nged the impugned award passed by the Tribunal mainly on the ground that at the relevant time of the accident, the vehicle in question had no insurance coverage and no issues whatsoever was framed by the Tribunal to decide as to whether on the date of the accident of the offending vehicle, was having valid coverage of insurance. Learned counsel for the appellant by referring to the insurance polic y, exhibited by the claimants, pointed out that the policy issued by the Insuran ce Company clearly depicts that the offending vehicle had insurance coverage on and from 29th January, 1996 to 28 January, 1997 but on the date of the accident i.e. 5.1.1996, there was no insurance coverage of the offending vehicle by the a ppellant-Insurance Company. On perusal of the impugned judgment and order, it appears that the learn ed Tribunal did not frame any issue in this regard and the liability of the paym ent of the compensation was put on the Insurance Company. Mr. K.K. Dey, learned counsel for the appellant-Insurance Company submit ted that the matter may be remitted to the learned Tribunal for fresh considerat ion by framing issues to ascertain as to whether on the date of the accident the offending vehicle had insurance coverage issued by the appellant-Insurance Comp any. Mr. B.K. Jain, learned counsel for the respondent submits that he would not have objection if the matter is remitted back to the Tribunal for taking a f resh decision after framing issue in this regard. Considering the above submission, for just decision of the case, the cas e is remitted to the learned Tribunal, with directions to frame additional issue s to decide the liability of the appellant-Insurance Company to satisfy the awar d. However, after framing the additional issues as aforesaid, the learned Tribun al shall afford adequate opportunity to all the parties to adduce evidence. Consequently, the impugned judgment and award passed by the learned Trib unal is hereby set aside and the matter is remitted to the learned Tribunal for fresh consideration and disposal in accordance with law in terms of the above di rection. With the above observation and direction, this petition stands disposed of. Send back the L.C.R. to the learned Tribunal together with a copy of thi s order.