SOHAN LAL Vs. SHANKARLAL AND ORS

JUDGEMENT

(1.) The instant civil misc. appeal has been filed by the appellant-claimant under Section 173 of the Motor Vehicles Act against the impugned order dated 27.5.1999 passed by the MACT Jaipur & Rajasthan State Cooperative Tribunal, Jaipur, in claim cases No. 391/95, whereby the claim petitions were partly allowed.

(2.) The brief facts as emerging on the face of record are that on 12.10.94 an accident took place between Scooter bearing No.RJ-26- M-4285 and Truck bearing No. RJ-14-G-0601 in which the claimant-appellant and another person sustained grievous injuries and therefore a claim petition came to be filed for claim of Rs.6,78,500/- as compensation.

(3.) It is noticed after hearing counsel for the parties for some time that the Tribunal while deciding Issue Nos. 1 & 4 have not fully dealt with and appreciated the contentions raised by the counsel for the appellant so also counsel for the respondents. Both the counsels submits that the finding with reference to Issues No.s 1 & 4 is incomplete and on the basis of this incomplete finding, this Court will be unable to appreciate and come to a proper/correct conclusion, and, therefore, jointly submits that the matter is though old still be remitted and remanded back to the Tribunal to re-decide the Issue Nos. 1 & 4.