Failure to adjudicate a material vehicle-ownership issue warrants remand for fresh consideration.

The claimant sought compensation for injuries allegedly sustained when scooter No. GJ-18-C-1464 struck her while she was walking by the roadside.

The Motor Accident Claims Tribunal, Kalol, allowed the claim by judgment and award dated 7 April 2018 in MACP No. 167 of 2012.

In appeal, the appellant disputed the scooter’s involvement and asserted that he was not its owner or possessor on the accident date, relying on an alleged prior sale agreement.

He also contended that the Tribunal had not framed a specific issue on ownership and liability.

The claimant supported the award.

Whether the Tribunal’s failure to frame and decide an issue concerning ownership of the scooter and the alleged prior sale required the award to be set aside and the claim remanded.

Whether the parties should be permitted to lead evidence on those matters on remand.

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988.

The Court applied the procedural principle that material disputed issues must be addressed by the Tribunal and the parties must have an opportunity to lead evidence on them.

The judgment cites no precedent or further statutory provision for this principle.

The investigating officer’s final report was on the claim record and had been referred to by the Tribunal; the appellant had also raised a distinct ownership dispute and produced a sale agreement.

Because the Tribunal had not framed an issue on that dispute or allowed the parties to lead evidence on it, the Court found that the award suffered from non-application of mind on a material issue.

It therefore ordered a fresh determination without expressing any view on the merits.

MACP No. 167 of 2012 was remanded for fresh decision; the parties were directed to appear on 4 November 2026 and could lead evidence, with the Tribunal to decide the matter within six months from that date.

Any amount deposited by the appellant was to be kept in an FDR in the Tribunal Nazir’s name, subject to the outcome of the remanded claim.