Hon'ble RAFIQ, J.—On hearing learned counsel for the parties, I find that the Tribunal was not justified in dismissing the claim petition in this case. At the same time, it is also a fact that the claimants have not been able to satisfactory discharge their burden of proof inasmuch as the Tribunal has also not analysed the effect of non-appearance of the owner and the driver and their not contesting the claim petition especially when a different version as to the manner in which accident took place is given by the claimants as well as by the insurance company, whereas there is a third version evident from the first information report. 2. In order therefore to ensure that no injustice is caused to the parties, this Court is persuaded to set aside the impugned award dated 18.5.2002 and remand the matter to the Tribunal with the direction that the Tribunal shall requisition all the documents that were prepared by the police at the time of investigation of the FIR and submission of the final report and give opportunity to the parties to adduce evidence by summoning the owner/driver. Record may immediately be transmitted to the Tribunal. Appropriate award be passed by the Tribunal within one year from the date of receipt of the record along with the copy of this order. Parties shall appear before the Tribunal on 04.01.2011. The appeal is disposed of accordingly.