SUPREME COURT OF INDIA

Before:- K.T. Thomas and R.P. Sethi, JJ.

Civil Appeal No. 6496 of 2000 (arising out of SLP (C) No. 13877 of 1999). D/d. 17.11.2000.

Jai Singh - Appellant

Versus

Salinder and another - Respondents

Motor Vehicles Act, 1988, Section 173 - Appeal - Owner of vehicle challenging compensation awarded by the Tribunal - Failure on part of High Court to consider contentions raised by appellant in a statutory appeal held to be not proper - Being a statutory appeal as a matter of right the same must be considered and findings must be recorded - Case remanded and the High Court directed to dispose of said matter afresh.

[Para 3]

ORDER

Leave granted.

2. A claim has been made for compensation in respect of death of the father of the respondent No.1 in a motor accident. The Motor Accident Claims Tribunal awarded compensation in a sum Rs. 1,72,000 (rupees one lakh and seventy two thousand). The owner of the vehicle challenged the said award in the High Court by way of an appeal as of right. That appeal was disposed of by the High Court in the following words :

"After having heard the learned counsel for the parties and perusing paper book, we find no merit in this appeal. Dismissed .

A sum of Rs. 25.000/- deposited by the appellant at the time of filing of the appeal be remitted to the Motor Accident Claims Tribunal , Karnal, for disbursement to the claimant."

3. Learned counsel for the appellant submits that none of the contention raised by the appellant before the High Court has been considered. Being a statutory appeal preferred as a matter of right the contentions ought to have been considered and findings arrived at. We are in agreement with the contention of the counsel that the appeal has not been given a fair treatment. We, therefore, set aside the impugned order of the High Court. The appeal preferred by the appellant before the High Court will now be disposed of afresh in accordance with law.

4. This appeal is disposed of accordingly.

Order accordingly.