[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 720/2004 SMT. SAVITRI & ORS. Vs. MOTI LAL & ANR. Date: 24.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Surendra Sharma for the claimants/appellants. None present for the respondents **** As the claim petition filed by the claimants/ appellants has outrightly been rejected by the Motor Accident Claims Tribunal, Kota (for short 'the Tribunal') vide impugned judgment dated 05.02.2004 passed in Claim Case No. 624/2000, therefore, the present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimants/appellants. The main challenge to the impugned judgment dated 05.02.2004 is on the ground that the factum of accident is not denied and the police after investigation filed charge-sheet but the charge-sheet filed by the police has not been considered by the Tribunal while rejecting the claim petition filed by the claimants/appellants and has propounded new theory contrary to the facts. Having heard learned counsel for the claimants/appellants and upon careful perusal of [2] the relevant record as also the impugned judgment dated 05.02.2004 passed by the Tribunal, without expressing any opinion on the merits of the case, this is a fit case which requires interference by this Court while exercising power under Section 173 of the Motor Vehicles Act, 1988. Consequently, the impugned judgment dated 05.02.2004 passed by the Motor Accident Claims Tribunal, Kota is herewith quashed and set aside and the matter is remanded back to the Tribunal for fresh adjudication with direction to consider the charge-sheet filed by the police and after providing opportunity of being heard to the parties, shall pass fresh order. The civil misc. appeal stands allowed accordingly. Record be sent back forthwith. (K.S. RATHORE)J. /KKC/