1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.297/2008 (Manoj Kanwar and ors. Vs. Ram Chandra @ Ram Chand and ors. ) Date of Judgment : 18-03-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Vinay Mathur,for the appellants. Mr.Shashank Sharma & Mr.Satendra Sharma, for the respondents. Both the learned counsel for the parties agreed to final disposal of this appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of dependents of deceased Hanuman Singh challenging the impugned judgment & award passed by the learned Motor Accident Claims Tribunal and Addl. Distt. & Sessions Judge (Fast Track) No.2, Sikar dated 27.9.07 whereby claim petition of the claimant- appellants was dismissed on the ground that the offending vehicle Jeep No.RJ-14P-6183 was not found involved in the accident. 4. Learned counsel for the appellant submits that the learned Tribunal has failed to appreciate the evidence pertaining 2 to accident in right perspective as the learned Tribunal has given a finding that the involvement of offending vehicle Jeep as alleged by the claimant was not proved inspite of there being evidence of eye witness who were present at the place of occurrence. It is further submitted that the learned Tribunal has failed to appreciate the documents collected during the investigation by the police including the mechanical inspection report Ex.10 wherein the offending vehicle Jeep was found to have been involved having scratches over it. It is further submitted that as per notice EX.9 issued under Sec.133 of the M.V.Act, accident with the Jeep was admitted by the owner of the jeep and the learned Tribunal has failed to consider the same. 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. 3 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the accident had taken place in the intervening night of ¾.1.2005 while the deceased Hanuman Singh was going to his relative on Sikar-Jhunjhunu Highway near Sangli and he was hit by the offending vehicle Jeep from behind causing death of deceased Hanuman Singh. The learned Tribunal has discussed the evidence of witnesses regarding the occurrence but testimony of AW-2 Mahavir Prasad, AW-4 Bane Singh and AW-5 Harnath Singh has not been relied upon on the ground that these witnesses did not narrate the accident soon after the occurrence to the persons present at temple and also did not inform to the police. From the perusal of Judgment/award, it is clear that the learned Tribunal has also not taken into consideration EX.10 mechanical report and Ex.9 notice issued under Sec.133 of the M.V.Act. Thus it appears from the record that the learned Tribunal has failed to appreciate the evidence in right perspective and matter deserves to be remanded for fresh decision after hearing both the parties and giving 4 opportunity to both the parties to lead evidence, if any. 7. Accordingly, the impugned Judgment and award passed by the learned Tribunal is set aside and the matter is remanded back to the learned Tribunal for fresh decision on all the issues after giving opportunity of hearing and leading evidence if any. The record of the case be sent forthwith. Both the parties are directed to remain present before the learned Tribunal on 27.4.2009. The appeal stands disposed of. (GUMAN SINGH),J. Sandeep/- item no.77