JUDGMENT : K.J. Thaker, J. Being aggrieved and dissatisfied with the judgment and award dated 16.01.2009 passed by the Learned Motor Accident Claims Tribunal (Auxiliary), Sabarkantha at Himmatnagar dismissing the claim petition being MACP No. 803 of 2003, the appellant - original claimant has preferred the present appeal. 2. According to the claimant, on 15.06.2003, the appellant had gone to village Bhiloda on his scooter. When he reached village Khushalpur, all of a sudden a vehicle bearing registration no. GJ1 HC 1631 driven by respondent no. 1 in a rash and negligent manner dashed with the scooter as a result of which the appellant fell down and sustained serious injuries. The claimant, therefore preferred claim petition before the Tribunal. The Tribunal after hearing the parties rejected the claim petition. 3. Mr. Amin, learned advocate appearing for the appellant submitted that the Tribunal has erred in holding that the appellant being an educated person could not identify the vehicle 'Sumo' which during the recording of evidence is referred to as 'Jeep'. He submitted that the Tribunal has wrongly come to the conclusion that the appellant failed to prove the vehicle used at the time of accident. 4. Having heard learned advocates for the parties and having gone through the records of the case, I am of the opinion that the view taken by learned Tribunal is erroneous as far as the non-involvement of the vehicle is concerned. Going by the panchnama and the charge sheet at Ex. 32 & Ex. 33, I am of the opinion that the finding of facts by the Tribunal cannot be sustained. I am of the opinion that the matter is required to be remanded to the trial court for reconsideration regarding the involvement of the vehicle in question. 5. In the result, the appeal is partly allowed and the following order is passed: (i) The impugned judgment and award is quashed and set aside. (ii) The matter is remanded to the concerned Motor Accident Claims Tribunal for adjudication afresh. (iii) Since the matter is pending since long, the Tribunal is directed to dispose of the case as expeditiously as possible. (iv) It is observed that this Court has not entered into the merits of the matter and the Tribunal shall consider the same afresh, without being influenced by the fact that this Court has quashed its earlier judgment and award. (iv) It is observed that this Court has not entered into the merits of the matter and the Tribunal shall consider the same afresh, without being influenced by the fact that this Court has quashed its earlier judgment and award. R & P, if lying with this court, to be sent to the Tribunal forthwith. Appeal partly allowed.