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Judgment
N.K. Mody, J.—Being aggrieved by the award dated 31st July, 2003 passed by VII Additional MACT, Gwalior in Claim Case No. 26/2002 whereby the claim petition filed by the Appellants was dismissed, the present appeal has been filed.
Learned Counsel for the Appellants submit that the claim petition was dismissed only on the ground that in the FIR Appellants have not mentioned the vehicle number. It is submitted that Appellant No. 1 is widow, while Appellant No. 2 is minor. It is submitted that since the Appellant could not gather the documentary evidence, therefore, the same could not be filed before the learned Tribunal. It is submitted that now the documents are available with the Appellants. It is submitted that in the facts and circumstance of the case, appeal filed by the Appellants be allowed and the Appellants be permitted to file the documents.
Learned Counsel for Respondent No. 2 submits that no illegality has been committed by the learned Tribunal in dismissing the claim petition filed by the Appellants. It is submitted that the plea taken by the Respondent Nos. 3 & 4 was that the Appellants are not legal representatives of deceased. It is submitted that this aspect of the case was not decided by the learned Tribunal. It is submitted that the appeal be dismissed.
After taking into consideration all the facts and circumstances of the case and keeping in view the fact that it is a death case, appeal filed by the Appellants is allowed and the impugned award passed by the learned Tribunal is set aside and the case is remanded to the learned Tribunal with a direction that the Appellants shall be at liberty to file the documents and adduce evidence. It is further directed that after taking into consideration evidence adduced by the parties, learned Tribunal shall decide the claim petition afresh. Parties are directed to remain present before the learned Tribunal on 28th September, 2010.
With the aforesaid observations, appeal stands disposed off.