1 IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. CIVIL MISC. APPEAL NO.1125/2000 HANUMAN SAHAI AND OTHERS VS. VISHAL & OTHERS DATE OF JUDGMENT:- MAY 14,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. Mahendra Goyal, Mr. Intazar Ali,for the appellants, Mr. Vinod Tyagi, for the respondents, BY THE COURT (ORAL) Heard. This appeal has been preferred on behalf of appellants claimants against the Award passed by Motor Accident Claims Tribunal, and Raj. Co- operative Tribunal, Jaipur, in Claim Case No. 44/94 vide order dated 19.1.2000 whereby the claim petition was dismissed on the basis of finding on Issue No. 1, whereby the evidence of A.W. 2 Gulab Singh , the eye witness , who lodged the first information report was discarded on the ground that though he lodged the report on 13.12.1993, but he mentioned the date of accident as 2 13.12.1994 and also deposed accordingly in the court. The learned counsel submitted that the matter deserves to be remanded so as to accord an opportunity of hearing to both the parties to lead evidence in the matter so as to enable the Tribunal to decided the matter in right perspective. Per contra, learned counsel for the respondents supported the judgment of the Tribunal. After hearing the rival contentions and going through the award as also the record of the case, it is revealed that the Tribunal has dismissed the claim petition on the basis of finding on Issue No. 1, wherein the evidence of A.W. 2 Gulab Singh the eye-witness of the case was discarded on the ground that though he lodged the report but he mentioned the date of accident 13.12.1994 and also deposed accordingly in the court. In view of this anomaly, which has occurred due to inadvertence, the matter deserves to be remanded. That apart, the Tribunal has 3 also not given any finding on the issue pertaining to quantum of compensation etc. Accordingly,the impugned judgment and award of the learned Tribunal is set-aside and the matter is remanded back to the Tribunal for fresh decision on all the issues after hearing both the parties and after according opportunity to lead evidence, if any. Both the parties are directed to appear before the Tribunal on 16th July, 2009 . The record of the case be transmitted to the Tribunal forthwith. (Guman Singh)J.