S.B. CIVIL MISC. APPEAL NO.2385/06 SMT. SAROJ DEVI AND OTHERS VS. RATAN LAL AND OTHERS DATE OF ORDER:- May, 28, 2008, HON'BLE MR. JUSTICE GUMAN SINGH Mr.Sandeep Mathur , for the appellant(s), Mr. Ram Singh Bhati for the respondents, This case has come up for admission. Both the parties pray that it may be finally disposed of at the admission stage. Heard. Learned counsel submits that the claim petition has been dismissed on the ground that motor cyclist (deceased) was negligent in driving but there has been no negligence on the part of the deceased as he was crossing the road diagonally and there was a provision on the road for inter-section where the accident took place and it was the negligence of the trolla-driver who himself was on the wrong side of the road and was rash and negligent. Learned counsel submits that the learned Tribunal has failed to appraise the evidence adduced in right perspective in not holding the trolla driver for negligence while the challan was filed against him and hence the matter deserves to be remanded for a fresh appraisal and decision . Per contra , learned counsel for the respondents has opposed the appeal on the ground that the finding of the learned Tribunal is correct and based on evidence and the record and as such this is not a case for interference by this Court. I have considered the submissions of the learned counsel for both the parties and examined the impugned judgment as well as the record of the trial court, from which it is revealed that matter needs reappraisal in right perspective as contended by learned counsel for the appellants. 7 Accordingly, the impugned judgment of the Tribunal is set-aside and the matter is remanded back to the Tribunal to decide the same expeditiously after hearing the submission of all the parties as well as after affording an opportunity to lead evidence, if any. Both the parties are directed to appear before the Tribunal on 22nd July, 2008. 8. The appeal stands disposed of . (Guman Singh)J.