1 IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. CIVIL MISC. APPEAL NO.405/99 DHARAM PAL VISHNOI VS BADRI NARAIN AND OTHERS DATE OF ORDER :- FEBRUARY 17,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. Sandeep Mathur, for the appellant, Mr. S.R.Joshi, for the respondents, BY THE COURT (ORAL) Heard. This appeal has been preferred on behalf of injured claimant against the Award passed by Motor Accident Claims Tribunal, and Rajasthan State Co operative Tribunal, Jaipur, vide order dated 7.12.98 whereby the claim of the appellant was dismissed on the basis of finding of negligence against the injured who was driving the motor cycle involved in the accident. Learned counsel for the appellant has submitted that the Tribunal has failed to appreciate the evidence on the point of 2 negligence in right perspective as the Tribunal failed to take note of the fact that the offending vehicle(Jeep) left its side and went to extreme right of the road and the motor-cyclist has to take his motor cycle in his extreme right even in 'Kachha', and the jeep came and dashed it causing the accident . The learned counsel also submitted that as both the vehicles are involved in the accident, the negligence is to be assessed in right perspective and the apportionment of liability can only be made on the basis of evidence on the point. Per contra, learned counsel for the respondents supported the Award of the learned Tribunal and submitted that the Tribunal has awarded adequate compensation in view of the evidence adduced during enquiry and the same calls for no interference. Learned counsel further submitted that the motorcyclist was extremely negligent and was driving in high speed, he could not control his 3 byke , which resulted into the accident. In view of the submissions advanced and on perusal of the Award as well as the record of the case, it is revealed that the evidence on the point of negligence needs to be marshalled in right perspective also by taking into consideration the site inspection map on the record. The other issues also deserves to be decided and, therefore, the matter deserves to be remanded for fresh decision. Accordingly, the impugned Award and judgment passed by learned Tribunal is set-aside and the matter is remanded back to the Tribunal for fresh decision on all issues after giving opportunity of hearing and leading evidence if any, to both the parties .Both the parties are directed to appear before the Tribunal on 26.3.2009. The record of the case be sent back forthwith. The appeal stands disposed of. (Guman Singh)J. 4 ij