Rajasthan High Court - Jaipur
Banshi vs Ram Gopal Yadav & Ors on 17 November, 2016
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR.
S.B.Civil Misc. Appeal No. 1306/2005
Bansi son of Moti Ram Gurjar aged 27 years, R/o
Village Todi Dibpura, Tehsil Amer Thana Harmara,
Jaipur Distt. Jaipur.
...Claimant-Appellant.
Versus
1. Ramgopal Yadav son of Subhan Ram Yadav, R/o
village Mohanpura, Tehsil Amer, Distt. Jaipur.
(Driver)
2. Moola Ram son of Maliram Yadav, R/o Dhani
Kurja, post Sirohi Via Jhadli, Distt. Sikar (Regd.
Owner)
2A. Prahalad Sahai son of Ramdayal Yadav, R/o
Mohanpura, post Raghunathpura via Jahuata, Distt.
Jaipur. (Purchaser/owner)
3. Oriental Insurance Company Ltd., through its
Manager, M.I. Road, Jaipur.
...Opposite Parties/Respondents.
DATE OF JUDGMENT : 17/11/2016 HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Ram Singh Rathore, for the appellant/s. Mr. Rakesh Dhankar, for respondent/s.
This civil misc. Appeal has been filed against the impugned judgment and award under appeal.
Brief facts of the case are that a claim petition was filed by the claimant/s with regard to an accident involved in it. Notices to the claim petition were issued to the opposite side. Reply/written statement to the said claim petition was filed and on the basis of pleadinigs of both the parties, the learned Tribunal framed the issues. After hearing both the parties, the learned Tribunal after due appreciation of facts & evidence passed the impugned judgment and award under appeal. Hence this appeal has been preferred.
I have heard learned counsel for the respective party/parties and carefully scanned and gone through the entire material and evidence available on record.
Prima facie, this court comes to the conclusion or is of the view that the matter is required to be re-investigated/re-inquired by the concerned Tribunal, therefore, for that purpose, certain directions need to be issued to it. Hence, this appeal is disposed of with the following directions to the concerned Tribunal:
(i) the concerned Tribunal is directed to re-
investigate/re-inquire the matter at its own discretion, and during the course of enquiry, if it finds that the claim petition/case is based on false facts & evidence, in such circumstances, the judgment & award under appeal passed by Tribunal shall remain unchanged, and if the claim petition/case is filed on wrong facts & evidence, it shall be free to file/register an FIR in accordance with law.
(ii) if during the course of enquiry/investigation, the claim petition/case is found true, in such circumstances, the impugned judgment and award under appeal deem to have been treated as quashed. The learned Tribunal, after affording proper opportunity of hearing to both the parties and taking into consideration each and every aspect of the matter including the evidence, shall decide the claim case afresh in accordance with law.
(iii) Both the parties are directed to remain present before the concerned Tribunal on 5.3.2017.
(iv) If the claimant/s want/s to withdraw the claim case on the aforesaid date i.e. 5.3.2017, or within one month from 5.3.2017, then the concerned Tribunal shall permit/allow the claimant/s to withdraw the claim case, and in such circumstances, the impugned judgment and award under appeal shall be deemed to have been confirmed.
The instant civil misc. Appeal stands disposed of with the afore-mentioned directions.
(MAHESH CHANDRA SHARMA)J. Manisha/-26