1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.701/2000 (chuni Devi Vs. RakeshKumar and ors.) Date of Judgment : 25-08-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Kamal Gupta for Mr.Mahesh Gupta,for the appellants. Mr.N.S.Yadav, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of the appellant-dependents of deceased Dhanna Lal challenging the Judgment passed by learned Motor Accident Claims Tribunal-, Jaipur district, Jaipur vide judgment dated 23.2.2000 whereby claim petition of the appellant was dismissed on the ground that involvement of vehicle was not found proved. 3. According to the facts, accident took place on 4.8.91 at about 3.00 PM when the deceased was going by the side of the road from Sanganeri Gate to Ghat Gate and he was dashed by jeep NoRJ-14T-0291 coming from behind. The Injured was taken to hospital where he succumbed to the injuries. 4. Learned counsel for the appellants submits that report of the incident was 2 lodged in the police after two days of the incident as deceased was seriously injured and died on the next day of the accident and as such, his son lodged the report after two days. The police investigated the matter and filed challan against the offending vehicle for rash and negligent driving. Notice under Sec.133 of the M.V.Act was given to the owner of the vehicle and he reported that at the time of accident, vehicle was being driven by Rakesh Kumar who is the respondent in this case. It is also submitted that the Tribunal has failed to appreciate the evidence in right perspective and that the Tribunal has not decided the issue regarding quantum of compensation and, as such, matter deserves to be remanded for fresh decision on all the issues so that the appeal can be heard in entirety. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has decided the issue of rash and negligent driving against the claimants on the basis of evidence adduced during inquiry and same calls for no interference. 3 It is further submitted that involvement of vehicle was not found proved on the basis of evidence of eye witnesses to the accident as well as challan papers prepared by the police during investigation. 6. On hearing rival contentions, and going through the award as also record of the case, it is revealed that injured met with an accident on a very busy road and was taken to hospital. There he was treated for serious injuries and lateron he died on the next day of the incident itself and, as such, report came to be lodged after two days of the accident. The police investigated the matter and filed challan against respondent Rakesh Kumar for rash and negligent driving. The Tribunal has not decided all the issues on the point of quantum of compensation. For want of decision pertaining to all the issues in the claim petition, appeal cannot be decided in entirety. In view of submission of learned counsel for the appellants, matter deserves to be decided afresh after hearing both the parties and giving opportunity to adduce evidence. 4 7. Accordingly, impugned judgment dated 23.2.2000 is set aside and the matter is remanded for fresh decision on all the issues after giving opportunity of hearing to both the parties and to adduce evidence. Both the parties are directed to remain present before the Tribunal on 7.10.2009. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.28