1 S.B. CIVIL MISC. APPEAL No.547/1994 PRAHLAD RAI V/S SHRI SANWARMAL & OTHERS FEBRUARY 29, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri Vinay Mathur, for the appellant. Shri Virendra Agrawal for respondents. BY THE COURT : This appeal u/s 173 of the Motor Vehicles Act, 1988 (for short “the Act”) has been preferred by the appellant against the order dated February 5, 1994 passed by the learned Motor Accident Claims Tribunal, Sikar (for short 'the Tribunal') whereby the claim petition of the appellant was dismissed on the ground that the negligence on the part of the respondent No.1, Sanwarmal was not proved in the accident. In this case, the accident occurred on April 27, 1990 on Jaipur - Sikar Road while the claimant was coming on motorcycle from Jaipur to Sikar and Suresh was sitting as pillion rider when offending truck loaded with stone, was standing on the road and was reversing back resulting into the injuries to the claimant. The learned counsel for the 2 appellant has argued that the accident took place in the manner stated by the injured as well as the report of the police lodged by pillion rider Suresh on account of negligence of the driver of offending truck. It was further argued that the learned Tribunal has not appreciated the evidence in proper perspective and has led away by the principle of proving the offence beyond doubt applicable in criminal cases and not in the case like the present where the claim is to be decicded. Learned counsel for the insurance company has supported the judgment of the lerned Tribunal on the basis of appreciation of evidence adduced before the Tribunal. I have heard learned counsel for the parties and scanned the material on record. In view of the rival submissions and the facts of the case, the matter is to be viewed in right perspective so as to ascertain whether the driver as well as the owner are liable for the accident resulting in permanent disability and as to what should be the quantum of compensation. It is also to be ascertained whether the insurer is absolved from the liability in view of the terms of 3 insurance policy. Therefore, the matter deserves to be remanded for fresh finding by the learned Tribunal. Accordingly, the impugned award of the Tribunal is set aside and the learned Tribunal is directed to hear the submissions of all the parties giving them opporunity to lead evidence if any and to decide the matter afresh as expeditiously as possible. The parties are directed to appear before the learned Tribunal on April 8, 2008 for further proceedings. Record of the case be sent back immediately. The appeal is disposed of accordingly. (GUMAN SINGH),J. chauhan/