1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1102/2008 (Ramswaroop Vs. Prahlad and ors.) Date of Judgment : 31.08.2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.Dinesh Kala, for the respondents. With the consent of both the parties, this matter is being finally disposed of at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of appellant-injured against the judgment and award passed by learned Motor Accident Claims Tribunal-cum-Addl. Distt. Judge (fast Track) No.9, Jaipur city, Jaipur vide judgment dated 31.7.07 whereby claim petition of the appellant was dismissed on the ground that same has been filed on vague ground and the driver of bike, of which injured was pillion rider, was not injured when the bike slipped resulting into injury on account of sudden crossing of cow. 2 4. The learned counsel for the appellant submits that claimant had filed the claim petition under Sec.163-A of the M.V.Act which pertains to claim of no fault liability to be awarded while adopting structural formula provided under second schedule of the M.V.Act. It is also submitted that injured was admitted in SMS Hospital as he sustained fracture of femur bone and as per discharge certificate EX.7, injury was caused on account of slipping from the bike. It is also submitted that though FIR was registered on 2.7.06 after a delay of near about 100 days but from the perusal of it, it is proved that he has sustained injury on account of accident of bike on 23.3.06. It is also submitted that the Tribunal has failed to decide the issues in right perspective and therefore matter deserves to be remanded and all other issues are required to be decided afresh after giving opportunity of hearing to all the parties and to adduce evidence so that in case of appeal, it may be heard in entirety. 5. Per contra, learned counsel for the respondent has submitted that the learned 3 Tribunal has rightly dismissed the claim petition on the basis of evidence adduced during enquiry and the Judgment & award passed by the Tribunal calls for no interference. It is further submitted that other issues in the claim petition have not been decided but the issue no.1 which is under challenge has been decided on valid ground. 6. On hearing rival contentions,and going through the award as also record of the case,it is revealed that injured was admitted in SMS hospital on the date of accident i.e. 23.3.06 and as per discharge certificate Ex.7, injury was found to be due to slipping of bike and injured sustained fracture of femur bone. The Tribunal has failed to decide all the issues including the issue of quantum and, as such, all the issues deserves to be decided afresh so that in case of appeal, it may be decided in entirety. That apart, the parties are required to be given opportunity of hearing as well as to adduce evidence, if any. 4 7. Accordingly, appeal of the appellants is allowed. The impugned Judgment & award dated 31.7.07 is set aside and the matter is remanded to the Tribunal with a direction to decide all the issues afresh after giving opportunity of hearing to all the parties and to adduce evidence. All the parties are directed to remain present before the Tribunal on 15.10.2009. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.68