Rajasthan High Court - Jaipur
Smt Badan vs Ramzan Khan & Ors on 16 February, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B.Civil Miscellaneous Appeal No. 8 / 2008
Smt Badan
----Appellant
Versus
Ramzan Khan & Ors
----Respondent
_____________________________________________________ For Appellant(s) : Mr. Ashvin Garg For Respondent(s) : Mr. R.K. Kasliwal _____________________________________________________ HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Judgment 16/02/2017 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 whereby he/they claimed compensation.
Notices to the claim petition were issued to the opposite side. Written statement to the claim petition was filed. On the basis of the pleading of both the parties the learned Tribunal framed the issues. After hearing both the parties, the learned tribunal passed the impugned Judgment and award. Against the (2 of 3) [CMA-8/2008] impugned judgment and award instant civil misc. appeal has been preferred.
I have heard learned counsel for the respective parties and carefully scanned the entire material made available to me.
Prima facie this Court is of the view that the matter is required to be re- investigated/re-enquired, therefore, certain directions need to be issued to the concerned Tribunal. Hence, this appeal is disposed of with the following directions:
1. The learned Tribunal is directed to re-
enquire in the matter at its own discretion and during the course of enquiry if it finds that the claim case is based on false facts & evidence, in such circumstances, the judgment and award of the learned Tribunal shall remain as it is and if the claim case is filed on wrong facts & evidence, then an FIR shall be registered in accordance with law.
2. If during the course of inquiry, the claim case is found on true facts & evidence, in such circumstances, the impugned judgment/ award passed by the learned Tribunal deem to have been treated as quashed. The learned Tribunal after hearing both the parties shall (3 of 3) [CMA-8/2008] decide the claim case afresh in accordance with law.
3. Both the parties are directed to remain present before the learned Tribunal on 5.7.2017.
4. If the claimant/s want/s to withdraw the claim case on the said date i.e 5.7.2017 or within one month from .5.7.2017 then the learned Tribunal shall permit the claimant/s to withdraw the claim case and in such circumstances the impugned judgment/ award shall be deemed to have been confirmed.
5. The amount of interim award ie Rs. 25,000/- received by the claimant appellant shall not be recovered from her till final decision of the claim case by the learned Claims Tribunal.
The instant civil misc. appeal stands disposed of with the aforesaid directions.
(MAHESH CHANDRA SHARMA)J.