1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** 1. S.B.CIVIL MISC. APPEAL NO.1671/1999 (Sardar Guru Charan Singh and ors. Vs. Satish Kumar and ors.) 2. S.B.CIVIL MISC. APPEAL NO.951/2000 (Smt.Meena Kumari Vs. Satish Kumar and ors.) Date of Judgment : 23-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Rakesh Bhargava,for the appellants. Mr.Manu Bhargava and Mr.Shelendra Khandelwal, for the respondents. Heard learned counsel for the parties. 2. These appeals have been preferred on behalf of appellant-claimants against the judgment and award dated 29.7.1999 passed by learned Motor Accident Claims Tribunal, Alwar whereby a sum of Rs.50,000/- was awarded for no fault liability only on the basis of issue nos.1 and 2 on the basis of the finding that the jeep met with an accident for the reason that lights of the jeep suddenly went off and not for the rash and negligent driving of the driver. 3. Learned counsel for the appellant- 2 claimants submits that the learned Tribunal has failed to appreciate the evidence on the point of rash and negligent driving at the part of driver of offending vehicle jeep in right perspective as the rash and negligent driving at his part cannot be ruled out only on the ground that lights of jeep suddenly went off as it was the duty of the driver to control the vehicle even if light went off and he failed in his duty and did not apply the brakes. 4. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has awarded the compensation on the basis of no fault liability and that the finding of the Tribunal on the issue pertaining to rash and negligent driving is based on the evidence adduced during inquiry and calls for no interference. 5. Having heard the rival contentions, and on going through the award as also record of the case, it is revealed that as submitted by the learned counsel for the appellant- claimants, matter deserves to be decided 3 afresh in right perspective along with other issues including that of quantum after giving opportunity of hearing and to lead evidence to both the parties. 6. Accordingly, impugned judgment and award dated 29.7.99 passed by the Tribunal is set aside and the matter is remanded for fresh decision on all the issues after giving opportunity of hearing and to lead evidence, if any, to both the parties. Both the parties are directed to remain present before the Tribunal on 8.9.2009. Record be sent forthwith. Both the appeals stand disposed of accordingly. (GUMAN SINGH),J. Sandeep/- item no.h/4-5