FAO (MVA) 68 of 2005. 5.10.2009 Present: Mr. Raj Kumar, vice Mr. Jagdish Thakur, counsel for the appellants. Mr. G.D.Sharma, counsel for respondent No. 1. This appeal has been instituted against the judgment of the learned Motor Accident Claims Tribunal, Hamirpur in M.A.C. No. 47 of 2003, which was filed on 14.8.2003 and decided on 4.11.2004. The petition was instituted under Section 163 –A of the Motor Vehicles Act, 1988. The learned Tribunal has dismissed the petition on certain observations having been made in the judgment. This approach of the Tribunal cannot be commended. The Court should have been aware of the fact that these were original proceedings under the Motor Vehicles Act claiming damages/ compensation. The least which was required to be done was to have framed an issue on the pleadings of the parties and then an opportunity for leading evidence should have been granted to the parties. If on the totality, after the entire pleadings and evidence was considered, the Court came to the conclusion regarding maintainability of the action, judgment could have been passed. This appeal is accordingly allowed. The case is remanded to the learned Motor Accident Claims -2- Tribunal, Hamirpur. A direction is issued that the learned Tribunal shall decide the petition afresh in accordance with law, after affording opportunity of leading evidence to the parties. Parties shall appear before the Tribunal on 6.11.2009. Needless to add that the Tribunal shall proceed with the matter with due expedition. The record of the case be sent back to the Tribunal forthwith. This appeal is accordingly disposed of. Pending application also shall stand disposed of. There shall be no order as to costs. October 5, 2009 (PC). (Dev Darshan Sud), J.