JUDGMENT :

The present civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant-owner against the judgment and award dated 20.6.2012 passed by the learned Judge, Motor Accident Claims Tribunal, Merta (hereinafter referred to as the learned Tribunal) in Motor Accident Claim Case No.22/2010 whereby the learned Tribunal partly allowed the claim petition filed by the respondents-claimants.

2. Learned Senior Counsel for the appellant submits that the learned Tribunal while deciding issue no.2 in favor of the respondent-Insurance Company observed that the offending truck bearing no. RJ-21-G-1301 did not have valid permit at the time of accident i.e., on 14.11.2009 and held the appellant-owner and the driver liable, whereas the fact of the matter remains that on the relevant date, the offending truck had a valid permit.

3. Learned Senior Counsel for the appellant invited attention of this Court towards the order dated 03.08.2023 passed by coordinate Bench of this Court as well the letter dated 16.05.2023 sent by the District Transport Officer, Nagaur and the copy of the relevant entry of the office record of DTO, Nagaur from which it is clear that the truck RJ-21-G-1301 was issued permit on 14.12.2007 and the same was valid upto 13.12.2012.

4. In view of the above, learned Senior Counsel submits that the impugned judgment and award deserves to be quashed and set aside qua the appellant and the matter may be remanded back for deciding the same afresh after considering this vital aspect of the matter.

5. Learned counsel appearing for the respondents opposed the prayer made by the learned counsel for the appellant. He submits that on the relevant date, the offending vehicle was not having valid permit and therefore, the appellant is not entitled for any relief.

6. Having regard to the facts and circumstances of the case and after considering the rival submissions of learned counsel for the parties and after perusing the letter dated 16.05.2023 sent by the DTO, Nagaur, this Court deems it appropriate to remand the matter back to the learned Tribunal to decide the same afresh after considering the aforesaid facts and circumstances of the case and after providing proper opportunity of hearing to all the parties.

7. Accordingly, the present civil misc. appeal is allowed. The impugned judgment and award dated 20.06.2012 passed by the learned Tribunal In Claim Case no. 22/2010 is quashed and set aside and the matter is remanded back to the learned Tribunal to decide the same afresh after providing proper opportunity of hearing to all the parties.

8. The learned Tribunal is directed to decide the matter afresh within three months from the date of receipt of the certified copy of this order. In case, the learned Tribunal fails to decide the matter afresh within the stipulated period, the appellant shall be at liberty to file appropriate application for recovery of the 50% of the amount deposited by him pursuant to order dated 16.12.2014 passed by the coordinate Bench of this Court.

9. All the parties are directed to appear before the learned Tribunal on 18.9.2023.

10. A copy of this order alongwith the record of the learned Tribunal be sent to the learned Tribunal forthwith.