1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.2930/2007 (Mohan Kanwar and ors. Vs. Ranveer Singh and ors.) Date of Judgment : 20-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Vinay Mathur,for the appellants. Mr.Virendra Agrawal, for the respondents. Both the parties have agreed for final disposal of the appeal at this stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of appellant-dependants of deceased against the judgment & award passed by the learned Motor Accident Claims Tribunal, Sikar dated 3.7.2007 whereby the claim petition of the appellants-claimants was dismissed on the basis of finding on issue no.1 whereby accident due to rash and negligent driving of the offending vehicle was not found proved. 4. Learned counsel for the appellants submits that the accident had taken place on 9.11.04 at 7.30 PM at village Saagliya and then deceased was taken to Government Hospital, Sikar and from there he was 2 shifted to SMS Hospital on the next day and there he succumbed to the injuries and then FIR was lodged on 22.11.2004. It is also submitted that the fact of accident with the offending vehicle has not been denied as the notice under Sec.133 of the M.V.Act was issued wherein accident has been admitted. It is further submitted that after investigation, police filed challan against the driver of the offending vehicle in the court and, as such, the factum of accident with the offending vehicle is proved and the court has failed to appreciate the evidence in right perspective. 5. 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. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that in fact the accident had taken place on 9.11.2004 at 3 7.30 PM and after the accident, injured was taken to Govt. Hospital and on the next day, he was shifted to SMS Hospital, Jaipur where he succumbed to the injuries. The post mortem report was prepared there and cause of death was stated to be road accident. Thereafter FIR was lodged on 22.11.2004 and on the notice under Sec.133 of the M.V.Act, accident was admitted by the owners of the vehicle. That apart, the learned Tribunal has not decided the issue pertaining to the quantum of compensation. 7. In view of submissions advanced by learned counsel for the appellants, issue pertaining to involvement of vehicle deserves to be decided afresh for the submissions to be advanced by the counsel appearing on behalf of the appellants and all the issues deserves to be decided after giving opportunity of hearing to both the parties and case deserves to be remanded. 8. Accordingly, impugned judgment & award dated 3.7.2007 passed by the Tribunal is set aside and the matter is remanded for fresh decision on all the issues by the Tribunal 4 after giving opportunity of hearing and leading evidence, if any. Both the parties shall remain present before the Tribunal on 18.8.09. Record be sent forthwith. The appeal stands disposed of. (GUMAN SINGH),J. Sandeep/- item no.54