1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.215/1998 MST. TIJO & Ors V/s SRIRAM & Ors. and S.B.CIVIL MISC. APPEAL No.430/1998 UNITED INDIA INSURANCE CO. Ltd. V/s SMT. TIJO & Ors. DATE OF JUDGMENT ::::: APRIL 8,, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri Vishvesh Gupta, for appellant/claimant. Shri D.K. Shrama ) Shri Rizwan Ahmed ) Shri Jitendra Pandey), for respondents. BY THE COURT (Oral): Both these appeals have been filed u/s 173 of the Motor Vehicles Act, 1988 by the appellant against the order dated December 6, 1997 passed by the learned Judge, Motor Accident Claims Tribunal, Hindaun City, (for short “the Tribunal) whereby a claim petition filed by appellants claimants Tijo, Raman @ Pappu and Guman was partially decreed for the amount of no fault liability wile the rest of the claim was denied on the basis of decision of issue No.1 whereby the driver of the offending vehicle was not found on fault. Therefore, appellant Smt. Tijo along with two others, has filed the appeal for enhancement 2 of the claim as well as for reversing the finding of issue No.1. On the other hand, the Insurance Company filed the aforementioned appeal on the ground that the amount awarded for no fault liability could not have been passed and the claim petition should have been dismissed by the Tribunal. Learned counsel for the appellants has prayed that vide S.B. Civil Misc. Appeal No.92/1998, Smt. Darbi & another v/s Sriram & Ors, was remanded for fresh decision by the co-ordinate Bench of this Court on 12.3.2008 and in view of the said order, these appeals also deserve to be remanded back for fresh adjudication by the Tribunal. Leaned counsel for the respondent company agreed to the aforesaid proposition in view of the decision of this court passed in the aforesaid appeal No.92/1998, arising out of the same accident. In view of the aforesaid contentions, it is revealed that both these appeals arise out of the same accident which was decided by the Tribunal vide judgment dated 6.12.1997 and the learned lower court had passed the award in view of the decision of issue No.1 wherein the Tribunal decided 3 that the driver of the offending vehicle was not rash and negligent at the time of accident. The co-ordinate Bench of this court in the aforesaid order dated 12.3.2008 has taken a stock of the situation and remanded the matter for fresh adjudication by the Tribunal and has observed as under : “Having heard learned counsel for the respective parties and upon careful perusal of judgment impugned dated 06.12.1997 as well as judgment referred before this Court, without expressing any opinion on merit of the case, this Court deems it just and proper to quash and set aside the judgment dated 06.12.1997 and remand the matter back to M.A.C.T., Hindaun City for fresh adjudication. The tribunal is directed to pass a fresh order on the basis of material available on record. In the result, the misc. appeal stands disposed of. Record be sent back forthwith.” In view of the aforesaid directions passed by this Court, the impugned award dated 6.12.1997 is set aside and the matter under appeals is remanded back for fresh adjudication by the learned Tribunal. With the aforesaid observations, the appeals stand disposed of. Record be sent back forthwith. (Guman Singh), J. Chauhan/