1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.4016/2007 (Smt.Saraswati Devi and ors. Vs. Shobharam and ors.) Date of Judgment : 20-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Manish Gupta,for the appellants. Mr.Vijay Gupta and Mr.Shiv Garg for the respondents. Both the parties have agreed for final disposal of this appeal at this stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of appellants-dependents of deceased against the judgment & award passed by the learned Motor Accident Claims Tribunal, Alwar dated 31.8.2007 whereby the claim petition of the appellants-claimants was dismissed on the basis of finding on issue no.1 pertaining to the involvement of the vehicle in the accident wherein involvement of offending vehicle was not found proved in the accident. 4. Learned counsel for the appellants submits that the learned Tribunal has failed to appreciate the evidence in right perspective and as per evidence adduced 2 including the notice under Sec.133 of the M.V.Act, it is revealed that the offending vehicle was involved in the accident and the matter deserves to be remanded for fresh decision on this issue as well as issue pertaining to quantum of compensation which has not been decided. 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the matter has been decided only on the basis of finding on issue no.1 and finding on other issues pertaining to quantum of compensation has not been gone into by the Tribunal. The appeal can be decided in its entirety after all the issues in the claim are decided by the Tribunal and deserves to be remanded. 3 7. Accordingly, impugned judgment & award dated 31.8.07 passed by the learned Tribunal is set aside and the matter is remanded for fresh decision on all the issues by the Tribunal after giving opportunity of hearing and leading evidence, if any. Both the parties shall remain present before the Tribunal on 18.8.09. Record be sent forthwith. The appeal stands disposed of. (GUMAN SINGH),J. Sandeep/- item no.58