ORDER 1. The instant appeal is preferred at the instance of the owner of the vehicle. 2. The Claim Tribunal has recorded a finding that since the vehicle involved in the accident was a TATA­407. It was a heavy motor vehicle, the driving licence vide licence no. 1199/98/Prof. was valid from 23.07.2001 to 24.07.2004 and thereafter renewed from 21.09.2004 to 20.09.2007. 3. The Tribunal was of the view that since the vehicle was being driven against the terms and conditions of the insurance policy, the Insurance Company, namely, United India Insurance Company Limited is not liable to pay the compensation and the appellant was fastened with the entire liability. 4. Submission of Shri Indrajit Sinha, Advocate is that this question was never adjudicated by the Tribunal as to whether TATA­407 is a heavy vehicle or not? Reliance has been placed on the definition of the "light motor vehicle Act" enumerated in Section 2(21) of the Motor Vehicle Act,1988 which reads as follows:­ "light motor vehicle" means a transport vehicle or omnibus, the gross vehicle weight of either of which or a motor car or tractor or road­roller the unladen weight of any of which, does not exceed, [7,500] kilograms. This was substituted by Act No.54 of 1994." I have perused the entire judgment. 5. It is apparent that this question was neither placed before the Tribunal nor any finding has been recorded in respect of TATA­407 which has recorded unladen weight 6200 K.Gs whereas sub­clause (2) of Section 22 shows that the unladen weight of any vehicle less than 7500 K.Gs. is a light Motor Vehicle. The entire appeal is based on this question,regarding which, neither any evidence was led nor any discussion was made in the judgment and therefore the submission of the learned Counsel at the very outset appears to be justified. 6. I have also heard the learned Counsel appearing on behalf of Insurance Company as well as the claimants. The objection of the claimants is that since a long time has lapsed and they have not been paid anything, therefore, the matter is unnecessarily delayed. However, in the interest of justice and looking to the facts and circumstances of the case, the matter is remanded to the Claim Tribunal to decide this question whether the vehicle involved in the accident with TATA­407 is a 'heavy vehicle' or a 'light Motor Vehicle' ? However, in the interest of justice and looking to the facts and circumstances of the case, the matter is remanded to the Claim Tribunal to decide this question whether the vehicle involved in the accident with TATA­407 is a 'heavy vehicle' or a 'light Motor Vehicle' ? This question shall be decided within a period of three months from the date a certified copy of this order is produced before the Tribunal. 7. With the aforesaid direction, this appeal is finally disposed of. 8. The parties shall appear before the Claim Tribunal within a period of three weeks from today with a copy of this order. 9. In the meantime, the operation of the award dated 17th March, 2010 shall remain in abeyance.