M.C.Sharma, J. - (1.) THE claimant -appellants have filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988 against the award dated 23.2.2012 passed by Judge, Motor Accident Claims Tribunal, Jhalawar (in short MACT) in Claim Case No. 75/2008 whereby the claim petition filed by the claimants was allowed and they were awarded compensation in the amount of Rs. 3,00,000/ -. Brief facts of the case are that on 18.1.2008 at about 5.00 p.m. deceased Virendra was returning towards his village Himia. When he reached on National Highway No. 12 at that time one bus bearing registration No. RJ 01 P 4785 owned by RSRTC came from Kota side. The said bus was driven by its driver respondent No. 2 in fast speed and in rash and negligent manner. The driver of the bus lost the control over its vehicle and by violating the traffic rules hit the deceased. Due to the accident Virendra sustained serious injuries and was immediately taken to Hospital. where during the course of treatment he died. After framing the issues and recording the evidence of the parties, the MACT awarded compensation in the amount of Rs. 3,00,000/ -. Dis -satisfied with the award the claimant -appellants have preferred the above appeal.
(2.) THE learned counsel for the appellants has argued that the MACT has not properly decided the issue No. 2 and did not properly compute the compensation in accordance with law. Mr. Virendra Agarwal, learned counsel appearing for the RSRTC has argued that the issue No. 3 relating to the liability of the insurance company was also not decided properly. The learned counsel in these circumstances pray that the matter may be remanded to the MACT for deciding afresh the issues 2 and 3. Mr. Virendra Agrawal, learned counsel appearing for the RSRTC has further stated that the MACT has rightly passed the award after considering the material on record. The findings arrived at by the MACT except issue No. 3 cannot be said to be perverse. I have gone through the award of the MACT and in the interest of justice the matter may be remanded to the MACT to decide as a fresh issues 2 and 3. The findings of the MACT on issues 2, and 3 are quashed in Claim Case No. 75/2008 and the MACT is directed to decide the issues 2 and 3 afresh. For these reasons the award of the MACT dated 23.2.2012 on issues 2 and 3 in claim Case No. 75/2008 are quashed and the MACT is directed to decide as a fresh issue 2 and 3. The parties are directed to appear before the MACT on 16.1.2013. The compensation if any paid to the claimants shall not be recovered from them till the decision of the issues by the MACT. The amount lying in deposit with the MACT shall also not be disbursed till the decision of the MACT afresh on issues 2 and 3.;