1 1. S.B.CIVIL MISC. APPEAL NO.505/1999 (Smt.Harbheji Vs. Siya Ram and ors.) 2. S.B.CIVIL MISC. APPEAL NO.511/1999 (Imamuddin @ Mangu Vs. Smt.Harbheji and ors.) Date of Judgment : 17-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Rathore,for the appellants. Mr.Virendra Agarwal, for appellant-Imamuddin in CMA No.511/99. Mr.Ravindra Pal Singh for the respondents. CMA No.505/99 has been preferred on behalf of dependents of deceased Narayan against the judgment passed by learned Motor Accident Claims Tribunal, Bayana (Addl.Sessions & Distt. Judge), Distt. Bharatpur dated 21.1.1999 whereby the claim petition of the appellant-claimants was dismissed as against the insured as well as Insurance Company on the ground that case was not covered under the policy. 2. CMA No.511/99 has been preferred on behalf of appellant-Imamuddin @ Mangu against the aforesaid impugned judgment on the ground that though he was not a registered owner of the vehicle, even then liability has been fixed on him for recovery of amount as 'No fault liability' paid by the Insurance Company. 2 3. Learned counsel for the appellant- claimants submits that the learned Tribunal has erred in deciding that there was no liability of the Insurer or the insured. Even if insurer is not found liable, insured cannot escape the liability. It is further submitted that other issues regarding the dependency of the deceased, and the quantum of compensation has also been not decided in the matter and, hence the case deserves to be remanded for fresh decision. 4. Learned counsel Mr.Agarwal, appearing on behalf of appellant Imamuddin submits that there is no responsibility of the appellant Imamuddin as he is neither insured nor registered owner and at the most, if there is any liability, that may be of registered owner of the vehicle. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 3 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the arguments advanced by the learned counsel for the appellant-claimants is of much significance as the learned Tribunal has to arrive at a decision as to who is responsible for the compensation for the accident. That apart, the issue regarding quantum of compensation is also required to be decided. The arguments raised by learned counsel appearing on behalf of Imamuddin is also required to be addressed, therefore, the matter deserves to be remanded for fresh decision. 7. Accordingly, the impugned judgment/award passed by learned Tribunal is set aside and the matter is remanded for fresh decision on all the issues after hearing all the concerned parties and opportunity for leading evidence if any. Both the parties are directed to remain present before the concerned Tribunal on 25.3.2009. Record of the case be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.h-29-30