ARJUN SINGH Vs. MAHESH SONI

JUDGEMENT

(1.) This appeal for enhancement is directed against the award dated 5.9.2008 passed by the Motor Accident Claims Tribunal, Rewari, awarding compensation to the tune of Rs.3,50,700/- along with interest @ 6% per annum in favour of the appellants-claimants.

(2.) Though, while deciding the issue No.3, the Tribunal observed that since respondent No.1 was not holding a valid driving licence and respondent No.3 could be given right to recover the award amount, yet, it failed to pass the consistent operative order as no right of recovery was given to the respondentNo.3. The operative part of the order is reproduced as under :-

(3.) The judgment passed by the Tribunal appears to be selfcontradictory. The Tribunal should have at least consolidated the findings and taken note of the observations given in the preceding paras while deciding issue of relief, therefore, the Tribunal should correct itself for future also. However, this appeal is accepted, the impugned order is set aside and the case is remitted back to the Tribunal to pass the order afresh after hearing the learned counsel for the parties.