1 S.B.CIVIL MISC. APPEAL NO.702/1997 (Smt.Jaida and ors. Vs. Santosh Kumar and ors.) Date of Judgment : 17-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Vinay Mathur,for the appellants. Mr.Tripurari Sharma for respondent- Ins.Company. Mrs.Kamla Jain with Mr.Mahendra Singh and Mr.S.K.Jindal for the respondents. This appeal has been preferred on behalf of dependents of deceased Usman against the judgment passed by learned Motor Accident Claims Tribunal, Bundi dated 2.4.1997 whereby the claim petition of the appellant- claimants was dismissed on the ground that the deceased himself was found to be negligent in driving the vehicle. 2. Learned counsel for the appellants submits that the learned Tribunal has failed to appreciate the issue no.1 pertaining to negligence in proper perspective as the accident had taken place when the deceased who was driving the motor cycle was over- taking the tractor after getting his side and was dashed by the motor cycle coming from opposite direction and thereby falling down and on his head being crushed under the 2 Wheels of trolley. It is also submitted that the matter deserves to be remanded for marshelling the evidence after giving due opportunity to both the sides for hearing and leading evidence on the point. 3. 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. It is further submitted that there is no fault on the part of the tractor driver as the deceased was over- taking the tractor and was hit by motor cycle coming from opposite direction. 4. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the deceased motor cyclist was stated to be over taking the tractor and was hit by the motor cycle coming from opposite direction and he fell down and his head was crushed by the Wheels of the trolley. In this regard, the submission of learned counsel for the 3 appellant is of much avail that the evidence on the point deserves to be marshelled in right perspective taking into consideration the respective roles of vehicles involved in the accident for deciding the point of negligence. Thus in the facts and circumstances of the case, the case deserves to be remanded for fresh decision after marshelling the evidence on record after giving an opportunity to all the parties for hearing and leading evidence, if any. 5. 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 giving due opportunity to all the parties for hearing and 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-4