ORDER

1. LEAVE GRANTED.

2. ON 11-8-2003, A LIMITED NOTICE WAS ISSUED INDICATING AS TO WHY THE CASE SHOULD NOT BE DISPOSED OF AT THE SLP STAGE ITSELF BY SETTING ASIDE THE IMPUGNED ORDER AND REMITTING THE APPEAL TO THE HIGH COURT FOR DISPOSAL ON MERITS.

3. THE FIRST APPEAL WAS DISPOSED OF BY THE HIGH COURT BY THE IMPUGNED ORDER, WHICH READS:

"WE FIND NO ILLEGALITY OR INFIRMITY IN THE IMPUGNED AWARD PASSED BY LEARNED MOTOR ACCIDENTS CLAIMS TRIBUNAL, EITHER ON MERITS OR ON THE QUANTUM OF COMPENSATION."

4. IN OUR VIEW, THE HIGH COURT OUGHT TO HAVE DISPOSED OF THE FIRST APPEAL ON CONSIDERATION OF THE RESPECTIVE CONTENTIONS RAISED BY THE PARTIES IN THE LIGHT OF THE MATERIAL THAT WAS AVAILABLE ON RECORD. WE ARE OF THE VIEW THAT THE F HIGH COURT SHOULD DISPOSE OF THE FIRST APPEAL ON MERITS. IN THIS VIEW, THE APPEAL IS ALLOWED, THE IMPUGNED ORDER IS SET ASIDE AND THE FIRST APPEAL IS REMITTED TO THE HIGH COURT FOR FRESH DISPOSAL IN ACCORDANCE WITH LAW, IN THE LIGHT OF WHAT IS STATED ABOVE.