1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Appeal No.1186 of 2001. Smt. Narmda wife of Shri Padam Singh (since deceased) through his LRs. & Others VERSUS Chief Manager, R.S.R.T.C. Hindaun Depot and Others Date of Order :::: 10/11/2009 Hon'ble Mr. Justice Dalip Singh Mr. Jai Prakash Gupta, Counsel for the Claimant-appellants Mr. Virendra Lodha, Counsel for the Respondents *** By the Court : Heard learned counsel for the parties and perused the record as well as the award of the learned Tribunal. This claim petition originally filed by Smt. Narmda the injured, wife of Shri Padam Singh, who sustained injuries in an accident, involving bus owned by the respondent (R.S.R.T.C.) . The accident occurred on 03.05.1994 in which the injured Smt. Narmda sustained injury for which she filed a claim petition before the learned Tribunal. It was the case of the petitioner before the learned 2 Tribunal that Smt. Narmda during the pendency of the claim petition died, as a result of the injuries sustained by her in the said accident. Learned counsel for the claimant-appellants has contended that the legal representatives of deceased Smt. Narmda were impleaded after her death and had, in fact, sought compensation for the death of Smt. Narmda, as a result of the injuries suffered by her in the accident. Learned counsel for the claimant-appellants submitted that the learned Tribunal did not frame any issue with regard to the fact that the death of Smt. Narmda was caused and resulted from the injuries suffered by her in the said accident and, therefore, in the absence of any issue to that effect the claimants could not lead any evidence in support of the same. Learned counsel for the claimant-appellants has drawn attention of the Court to Issue No.1, which reads as follows : 1. È या Ǒदनांक 3.5.94 को ǒवप¢ी सं. 2 लआ मीनारायण चालक ने राज. राÏ य पथ पǐरवहन िनगम कȧ बस सं. आर एन पी 2957 को रोडवेज Ǒडपो ǑहÖ डौन के पास लापरवाहȣ व उतावलेपन से चलाकर È लेम यािचका कȧ मूल ूािथ[नी (अब मृतक नव[दा) को टÈ कर मारकर उसे चोटे काǐरत कȧ ? It is submitted that since the issue related only to 3 the injuries, there was no opportunity for the claimant- appellants to lead the evidence with regard to the death being caused of Smt.Narmada, as a result of aforesaid injuries. A perusal of the award and more particularly the discussion on Issue No.1, it is apparent that the learned Tribunal proceeded to decide the claim taking into account the death of the claimant Smt. Narmda. This is evident from the following narrations in the award, which reads as under : - इस ǒववाधक के अनुसार ूाथȸगण को िसƨ करना है Ǒक ǒवप¢ी लआ मीनारायण ने राज. रोडवेज कȧ बस नं. आर एन पी 2957 को असावधानीपूव[क चलाकर मृतका नव[दा के टÈ कर मारȣ, ǔजससे उसके शरȣर पर चोटे आई और उन चोटो के पǐरणामः वǾप उसकȧ मृ× यु हई । ु I am of the firm view that in the absence of the specific issues on the aforesaid question of the death of Smt. Narmada being as a result of the injuries suffered in the accident the case of the claimants has suffered and they were unable to lead evidence on the aforesaid question as to whether or not the death of Smt. Narmda was as a direct result of the injuries suffered by her in the accident. In the facts and circumstances of the case, therefore, this appeal is allowed and the case is remanded to the learned Tribunal for decision afresh after framing an issue with regard to the question as to whether the death of Smt. Narmda occurred as a result of the injuries suffered by her in 4 the aforesaid accident. The said issue shall be framed as Issue No.1-A and the parties would be permitted to lead evidence on the aforesaid issue. The learned Tribunal shall decide the matter as expeditiously as possible looking to the fact that the accident is of the year 1994. The parties are directed to appear before the learned Tribunal on 14th December, 2009. There shall be no order as to costs. (Dalip Singh), J. ashok/