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Judgment
Nos.,Points,,Findings
1,"Whether the learned MAC Tribunal has
applied it's mind while dismissing the claim
petition ?",..,In the negative.Â
2,What order ?,..,"The Judgment and Order is set-
aside and matter is remanded
to the trial
Court.
In a case R.M. Sheshadri Vs. C. Vasantha Pai (AIR 1969 SC 692), it is held that the power of a Civil Court under Order XVI, Rule 14 of the",,,
C.P.C. provides to suo motu summon a court witness if it thinks that the ends of justice require or that the case before it needs that kind of,,,
evidence.  Â,,,
Considering the facts, the impugned order is not sustainable and the matter needs to be remanded to decide it afresh on all issues.",,,
Respondent No.4 has submitted that he has already sold his motor bike before the accident and bike was transferred in the name of respondent,,,
No.1. But, he has not appeared in trial Court and has not filed the documents. Since, I am remanding the matter, respondent No.4 is at liberty to",,,
file such documents and seek discharge. Hence, the order :-",,,
The appeal is partly allowed.,,,
The Judgment and Award dated 06th February, 2015, passed by learned Member, Motor Accident Claims Tribunal, Beed, is set aside.",,,
The matter is remanded to the M.A.C.T., Beed with direction to rehear it afresh by giving opportunity to both the parties to lead their evidence and",,,
decide the same afresh.,,,
There shall be no order as to the costs.,,,
Learned Advocates to keep the parties present in the trial Court on 1st September, 2018.",,,