1 S.B.CIVIL MISC. APPEAL NO.1164/2008 (Smt.Usha Devi and ors. Vs. Jagdish Prasad and ors.) Date of Judgment : 08-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.D.K.Garg, for the appellants. Mr.Inderjeet Singh & Dr.M.S.Kachhawa, for the respondents. Both the parties are agreed that this appeal may be finally disposed of at this stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred by the dependents of deceased Anil Kumar for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Dholpur vide judgment dated 17.12.2007 whereby claim petition of the appellant was dismissed on the ground that offending vehicle was not at fault under issue no.1. 4. As per facts of the case, accident took place in the intervening night of 18-19 Feb.,1999 at 1.00 PM when the deceased was coming on scooter No.UP-80/0768, the scooter was dashed by the tractor bearing registration No.Rj-11/R-3978 resulting in 2 the death of deceased Anil Kumar and injury to Bejnath. 5. Learned counsel for the appellants submits that matter came to the knowledge of the police when both deceased Anil Kumar as well as injured Bejnath were found in an injured condition and ultimately Anil Kumar died and Bejnath recovered from injuries. It is further submitted that as per statement of one Babulal, offending vehicle was found on spot but the learned Tribunal has failed to appreciate the said evidence in right perspective. It is also submitted that the evidence on the point that the tractor driver of the vehicle was not negligent, is also not based on appreciating of evidence in right perspective and same deserves to be re-appreciated and case may be remanded back after giving proper opportunity of hearing to both the parties. 6. 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 3 awarded adequate compensation and calls for no interference. 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that deceased Anil Kumar died in the accident while Bejnath survived and found in an injured condition at the spot. In view of above, the matter deserves to be re-appreciated in right perspective. That apart, all the issues in the case are required to be decided by the learned Tribunal, therefore, award passed by the learned Tribunal dated 17.12.2007 is set aside and the matter is remanded back to the learned Tribunal for fresh decision on all the issues after hearing the parties and opportunity for evidence. The matter shall be disposed of by the learned Tribunal as early as possible. Both the parties shall appear before the learned Tribunal on 24.10.2008 and record of the case be sent back to the learned Tribunal forthwith. 8. Accordingly, the appeal stands disposed of with the above observations. (GUMAN SINGH),J. Srawat/- item no.84