ORAL JUDGMENT
1. By way of this appeal, appellant - Insurance Company has challenged the order dated 16.06.2000 passed below Exh.1 in Motor Accident Claims Petition No. 667 of 1997, filed under Section 163-A of the Motor Vehicles Act, passed by the Motor Accident Claims Tribunal, Kutch, whereby the Tribunal has awarded Rs. 3,64,500/- as interim compensation together with interest at the rate of 12% p.a from the date of this application till the realization.
2. Learned advocate for the appellant has contended that though there was no liability of appellant - Insurance Company to pay compensation as the deceased himself was a wrongdoer. Learned advocate for the appellant has relied upon the decision of Apex Court in case of National Insurance Company v. Sinitha passed in Special Leave Petition (C) No. 6513 of 2007.
3. I have heard learned counsel for the appellant and perused the record as well as order passed by the Tribunal below application, filed under Section 163-A of the Motor Vehicles Act. It is apparent that the Tribunal has not dealt with liability issue as the appellant - Insurance Company is contending that the deceased himself was the wrongdoer. Prima-facie it appears that the liability issue is required to be examined seriously, in view of the decision in case of National Insurance Company v. Sinitha passed in Special Leave Petition (C) No. 6513 of 2007.
4. Therefore, the matter is remanded to the Tribunal for considering the liability issue. The Tribunal is directed to decide the matter, within one year from the date of receipt of this order. However, to protect the interest of the original applicants, the deposited amount will remain deposited in FDR and interest accrued thereon will not be disbursed to the original claimants. The entire amount will be given to the party, who succeeds in the claim proceeding. The appeal stands disposed of accordingly.
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