Rajasthan High Court - Jaipur
Oriental Insurance Co Ltd vs Shyam Sundar & Ors on 7 January, 2013
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT 1. S.B. Civil Misc. Appeal No. 3617/2011 S.B. Civil Misc. Stay Application No. 2497/2011 (Oriental Insurance Co. Versus Dharmendra & Others) 2. S.B. Civil Misc. Appeal No. 460/2010 S.B. Civil Misc. Stay Application No. 286/2010 (Oriental Insurance Co. Versus Girdhar Gopal & Others) 3. S.B. Civil Misc. Appeal No. 5399/2009 S.B. Civil Misc. Stay Application No. 3641/2009 (Oriental Insurance Co. Versus Smt. Santara Devi & Others) 4. S.B. Civil Misc. Appeal No. 376/2010 S.B. Civil Misc. Stay Application No. 242/2010 (Oriental Insurance Co. Versus Shyama Sundar & Others) 5. S.B. Civil Misc. Appeal No. 462/2010 S.B. Civil Misc. Stay Application No. 288/2010 (Oriental Insurance Co. Versus Dharmendra & Others) 6. S.B. Civil Misc. Appeal No. 508/2010 S.B. Civil Misc. Stay Application No. 305/2010 (Oriental Insurance Co. Versus Smt. Santara Devi & Others) 7. S.B. Civil Misc. Appeal No. 510/2010 S.B. Civil Misc. Stay Application No. 314/2010 (Oriental Insurance Co. Versus Govind Ram & Others) 8. S.B. Civil Misc. Appeal No. 509/2010 S.B. Civil Misc. Stay Application No. 311/2010 (Oriental Insurance Co. Versus Satyanarayan & Others) 9. S.B. Civil Misc. Appeal No. 511/2010 S.B. Civil Misc. Stay Application No. 315/2010 (Oriental Insurance Co. Versus Satyanarayan & Others) 10. S.B. Civil Misc. Appeal No. 512/2010 S.B. Civil Misc. Stay Application No. 316/2010 (Oriental Insurance Co. Versus Chandmal & Others) 11. S.B. Civil Misc. Appeal No. 513/2010 S.B. Civil Misc. Stay Application No. 317/2010 (Oriental Insurance Co. Versus Satyanarayan & Others) 12. S.B. Civil Misc. Appeal No. 521/2010 S.B. Civil Misc. Stay Application No. 322/2010 (Oriental Insurance Co. Versus Smt. Santara Devi & Others) 13. S.B. Civil Misc. Appeal No. 5845/2011 S.B. Civil Misc. Stay Application No. 3923/2011 (Oriental Insurance Co. Versus Kr. Anjali & Others) Date of Judgment :: 7th January, 2013 HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Om Prakash Gupta, counsel for the appellants-Insurance Co. Mr. Ashwani Chobisa, counsel for the respondents BY THE COURT:
Since all the aforesaid appeals arise out of one judgment and award passed by MACT, hence the arguments have been heard together and they are being decided by this common judgment.
At the very outset, learned counsel for the appellants submits that the learned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of the aforesaid appeals. The finding of the learned Tribunal on issue no. 3 and 4 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no. 3 and 4 be quashed and set aside and the matter be remanded to the learned Tribunal with the direction to decide the matter afresh in the light of objections which he has raised by way of the aforesaid appeals. In support of his contentions, he has placed reliance on the following judgment:
i) Smt. Dhela Rani and Another Versus Sri Deepak Prasad and others reported in 2009 (1) TAC 625.
E Converso, the learned counsel for the respondents defended the impugned award and stated the same to be just and apposite. In support of his contentions, he has placed reliance on the following judgment:
i) Rita Devi and others Versus New India Assurance Co. Ltd. And Another reported in 2000 ACJ 801 I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned award.
In my considered view, the learned Tribunal while passing the impugned award has not gone through the facts of the case and passed the impugned award surreptitiously. Thus, the impugned award passed by the learned Tribunal needs interference by this Court.
In the result, all the aforesaid civil misc. appeals are partly allowed and the impugned award dated 4.8.2009 passed by Motor Accident Claims Tribunal, qua issue no. 3 and 4 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh, as early as possible, in the light of the grounds raised by the learned counsel for the appellants in the instant appeal and the aforesaid judgments, if applicable, and other judgments to be cited by learned counsel for the parties, if any, after issuing notice to all the concerned parties and giving opportunity of hearing to them.
Both the parties are directed to appear before the learned Tribunal on 18.3.2013.
However, it is made clear that if any amount has been received by the claimants under the impugned award, the same shall not be recovered from them.
(MAHESH CHANDRA SHARMA),J.
DK All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.
Dilip Khandelwal PA