RUBIRAI BHOLARAI KURMI Vs. BHALA ALA SHIVRAJBHAI (GADHVI)

JUDGEMENT

(1.) As common question of law and facts arise in all these appeals, and as such they arise out of the impugned judgement and award passed by the learned tribunal and as such First Appeal No.1005 and 1006 of 2016 are cross appeals, all these appeals are decided and disposed of by this common judgement and order.

(2.) Feeling aggrieved and dissatisfied with the impugned judgement and award passed by the learned Motor Accident Claims Tribunal (Auxiliary), Gandhidham -Kutch in Motor Accident Claim Petition No. 81 of 2011, original claimants have preferred First Appeal No.1005 of 2016 requesting to enhance the amount of compensation awarded by the learned tribunal.

(3.) At the outset, it is required to be noted that as such there is a broad consensus between the learned advocates appearing on behalf of the respective parties that as other claim petitions arising out of the very accident are pending with the learned tribunal, and as such the findings recorded by the learned tribunal holding the driver of both the vehicles involved in the accident 50% contributory negligent is without assigning any reason and/or without appreciating the evidence on record, let the matters be remanded to the learned tribunal to decide the issue of negligence / contributory negligence of the drivers of the respective vehicles involved in the accident. However, such remand shall not be with respect to amount of quantum of compensation qua original claimants and the remand is restricted with respect to issue of negligence / contributory negligence only.