Sanjay Karol, J. - (1.)Having heard learned counsel appearing for the parties, this Court finds itself in agreement with the submission made by Sri D.K. Biswas, learned counsel for the appellant that it is a fit case which needs to be remanded back for it is a case of a mistrial which has resulted into travesty of justice as also seriously prejudicing the appellant herein.
(2.)On 23rd November, 2009, claimants met with a motor vehicle accident. The fault being that of driver of the offending vehicle bearing registration No.TR-03A-1867 owned by Sri Dulal Sarkar. The vehicle was insured with M/S. Oriental Insurance Company Limited.
(3.)The claim petition stood adjudicated by the Tribunal with the compensation determined only at Rs. 1,50,000/- along with interest, whereas the claimants who suffered serious injuries claimed compensation of more than Rs. 21,00,000/-. The claimants were precluded from placing the material in support of their claim, as a result of which the claim petition could not be adjudicated as was so required in accordance with law. The fault is definitely not that of the claimants for, diligently they had taken all steps for proving their claim.
;