FAO No.434 of 2004 with FAO No.556/2003 FAO No.434/2004 21.11.2008 Present: Mr. G. R. Palsra, Advocate, for the appellant. Mr. B. K. Malhotra, Advocate, for respondent No.1 Mr. G. D. Sharma, Advocate, for respondent No.2 Mr. Lovnesh Kanwar, Advocate, for respondent No.3. FAO No.556/2003 Mr. B. K. Malhotra, Advocate, for the appellant Mr. G. R. Palsra, Advocate, for respondent No.2. Both the appeals arise out of a common Award dated 31.7.2003, passed by the Motor Accident Claims Tribunal-II, Mandi, in Claim Petition No. 79 of 1997 titled as Jitender Kumar vs. Mool Raj & Others. Learned counsel for the parties jointly pray that since the Tribunal has not afforded sufficient opportunity to the parties to adduce complete evidence, therefore, the matter be remanded back to the Tribunal for consideration afresh after affording due opportunity to the parties to lead additional evidence. In view of the statement made by the learned counsel for the parties, the impugned Award with its findings is set-aside and the matter is remaded back to the Tribunal for consideration afresh. The Claim Petition is restored to its original position. The parties undertake to appear before the Tribunal on 29th December, 2008. The Tribunal shall afford opportunity to the parties to lead additional evidence, if any. After hearing the parties, the Tribunal shall decide the matter as expeditiously as possible. The Tribunal shall also take into account the decision of this Court in FAO No.307 of 1998, decided on 30.9.2008. A copy of this order and the record be sent back to the concerned Court immediately. The appeals are accordingly disposed of. ( Sanjay Karol ), Judge. November 21, 2008 (rana)