Rajasthan High Court - Jaipur
Nanchi Devi vs Phool Chand & Ors on 4 January, 2013
S.B.Civil Misc. Appeal No. 528/2005 Smt. Nanchi Devi and ors. vs. Phool Chand and ors. ---
4.1.2013 HONBLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. K.N.Tiwari, for the appellants Mr. V.P.Mathur, for the insurance co.
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This appeal has been filed against the award dated 17.11.2004 passed by Judge, Motor Accident Claims Tribunal Jaipur City Jaipur, in MACT case No. 1400/2003 whereby claim petition of the claimants was allowed and they have been granted compensation in the amount of Rs.4,21,000/-.
2. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.
3. The learned counsel for the claimant appellants made a request to this court that in the award dated 17.11.2004 passed by Judge, Motor Accident Claims Tribunal Jaipur City Jaipur, in MACT case No. 1400/2003 whereby claim petition of the claimants was allowed and they have been granted compensation in the amount of Rs.4,21,000/- but the claimants were entitled to more amount as the income of the deceased was not considered properly. He has placed reliance on Smt. Santosh vs. National Insurance Co. (2012 ACJ 1428)
4. In these circumstances, the learned counsel for the appellant in this appeal prays that the matter should be remanded back to the MACT to decide the matter as a fresh on issue No. 4.
5. On the contrary learned counsel appearing for the insurance company states that while deciding the issue No.4, the MACT has considered properly all the points and evidence produced by the claimants. The award passed by the MACT is just and proper.
6. I have considered the arguments raised by the learned counsel for the parties. In the interest of justice the order of the MACT deserves to be quashed qua the issue No.4 and the matter may be remanded back to the MACT to decide as a fresh the issue No.4.
7. In view of the above this misc. appeal is disposed and the award dated 17.11.2004 passed by Judge, Motor Accident Claims Tribunal Jaipur City Jaipur, in MACT case No. 1400/2003 whereby claim petition of the claimants was allowed and they have been granted compensation in the amount of Rs.4,21,000/- is set aside qua the issue No.4 and the MACT is directed to decide as a fresh the issue No. 4, by considering the case law referred above, if applicable. The parties are directed to appear before the MACT on 18.3.2013. The amount if any paid to the claimants shall not be recovered from them till the decision of the claim petition.
(MAHESH CHANDRA SHARMA )J. OPPareek/ All corrections made in the judgment/order have been incorporated in the judgment/ order being emailed.
(O P Pareek) PS-cum JW