1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.792/2000 (Smt.Rameshwari and ors. Vs. Banwari Lal and anr.) Date of Judgment : 18-08-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari, for the appellant. Ms.R.S.Bhati, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of appellant-dependents of deceased Tara Chand challenging the judgment & award passed by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur vide judgment dated 27.3.2000 whereby claim petition of the appellants was dismissed on the basis of finding on issue no.1 pertaining to rash and negligent driving of the offending vehicle and involvement of offending vehicle which was decided against the appellant-claimants. 3. Learned counsel for the appellant submits that the Tribunal has not decided issue pertaining to quantum of compensation and has only decided the issue no.1 pertaining to involvement of offending 2 vehicle as well as point of rash and negligent driving of the offending vehicle. It is submitted that the learned Tribunal has failed to appreciate the evidence of two witnesses i.e. AW-2 Omprakash and AW-3 Ramcharan in right perspective as they had deposed on oath that they were going on motor bike and had witnessed the accident and that the offending vehicle was involved. It is also submitted that the police had filed challan against the respondent-driver of RSRTC bus i.e. Banwarlal for the offence under Sec.304A IPC and other offences after investigation. It is further submitted that it is not a case of collusion of the appellants with the eye witnesses. It is further submitted that matter deserves to be remanded to the Tribunal after giving an opportunity of hearing and to adduce evidence, if any and for decision on all the issues so that in case of appeal, same may be decided in entirety. 4. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has decided the issue no.1 3 pertaining to rash and negligent driving as well as involvement of offending vehicle against the appellants on the basis of evidence adduced during enquiry and findings calls for no interference. 5. On hearing rival contentions, and going through the award as also record of the case, it is revealed that accident had occurred on the road while the deceased was coming on scooter from Kalwad to Jaipur at about 7.30 PM in the month of May. It is further revealed that two eye witnesses name above, have been examined as eye witnesses by the appellants. In the facts & circumstances of the cases, without commenting on the merits of the case, it would be proper to remand the case for fresh decision after giving opportunity of hearing to both the parties and to adduce evidence, if any, as well as on all issues afresh so that in case of appeal, same may be decided in entirety. 6. Accordingly, this appeal is allowed. Impugned Judgment & award dated 27.3.2000 passed by the Tribunal is set aside. The 4 matter is remanded back to the Tribunal for fresh decision on all the issues after giving opportunity of hearing to both the parties and to adduce evidence, if any. Both the parties are directed to remain present before the Tribunal on 17.9.09. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.30