IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. **
S.B.CIVIL MISC. APPEAL NO.3184/2007
(Smt.Anchi Devi Vs. Mohd. Iqbal and ors.)
Date of Judgment : 07-09-2009
HON’BLE MR.JUSTICE GUMAN SINGH
Mr.Amit Singh Shekhawat,for the appellants.
Mr.Satendra Sharma & Mr.Ripu Daman Singh, for the respondents.
With the consent of the parties, this appeal is being heard and finally disposed of at admission stage.
2. Heard learned counsel for the parties.
3. This appeal has been preferred on behalf of injured-appellant against the judgment and award passed by learned Motor Accident Claims Tribunal-cum-Addl. District & Sessions Judge (Fast Track) No.2, Sikar vide judgment dated 7.7.2007 whereby the claim petition of the injured-appellant was dismissed on the question of involvement of vehicle against the injured-appellant.
2. The learned counsel for the appellant submits that accident took place on 25.4.2005 while the injured-appellant was waiting for bus at bus stand Ranoli and the offending vehicle jeep came and hit her causing grievous hurt. It is also submitted that involvement of vehicle has been doubted mainly on the ground that FIR was lodged after 11 days of the incident but he cause of delay has been satisfactorily expalined by the injured-claimant as she was seriously injured and had sustained fracture on his leg and she could not move and she could lodge report only when her husband arrived. It is further submited that the issue pertaining to quantum of compensation has not been decided and hence appeal cannot be decided in entirety by this court and matter deserves to be remanded so as to accord opportunity of hearing and to adduce evidence to him.
3. 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.
4. On hearing rival contentions,and going through the award as also record of the case,it is revealed that accident took place causing grievous hurt to the injured and as the injury was found to be on his leg, the issue pertaining to quantum of compensation has not been decided. In view of submissionf of learned counsel for the appellant, matter deserves to be remanded so as to accord opportunity of hearing and to lead evidence to both the parties.
5. Accordingly, appeal of the appellants is allowed. The impugned Judgment & award dated 7.7.2007 is set aside and the matter is remanded to the Tribunal with a direction to decide all the issues afresh after giving opportunity of hearing as well as to adduce evidence, if any, to both the parties. All the parties are directed to remain present before the Tribunal on 28.10.2009. Record be sent forthwith.
(GUMAN SINGH),J.
Sandeep/-
item no.71