Rajasthan High Court - Jaipur
Smt Rekha Devi & Ors vs Hanuman Sahai & Ors on 9 February, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B.Civil Miscellaneous Appeal No. 2296 / 2008
Smt Rekha Devi & Ors
----Appellant
Versus
Hanuman Sahai & Ors
----Respondent
Connected With S.B.CROSS OBJECTION CIVIL No. 124 / 2009 Smt Rekha Devi & Ors
----Petitioner Versus Hanuman Sahai & Ors
----Respondent _____________________________________________________ For Appellant(s) : Mr.Ashish Sharma for Mr.Pankaj Gupta For Respondent(s)/Ins.Co. : Mr.Sukhram Jatav _____________________________________________________ HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Judgment / Order 09/02/2017 This appeal as also cross objection have been filed against the impugned judgment and award under appeal.
Brief facts of the case are that an accident occurred in the present case and with regard to an accident, a claim petition was filed on behalf of the claimant/s claiming compensation as mentioned therein. Notices were issued to the opposite parties. Reply to the claim petition was filed and (2 of 3) [CMA-2296/2008] the learned Tribunal framed the issues. After hearing all the parties, the learned Tribunal passed the aforesaid impugned judgment & award under appeal.
Against the impugned judgment and award under appeal, the appellant preferred the instant appeal for the relief as prayed for in it.
Learned counsel for the appellant has contended that the learned Tribunal has failed to appreciate each and every aspect of the matter as also the evidence available on record. The award passed by the learned Tribunal is illegal, without jurisdiction and contrary to the facts of the case. Hence impugned award deserves to be modified/enhanced.
On the other hand, learned counsel for the respondent-Ins.Company has opposed the submissions advanced on behalf of appellant and requested for maintaining/setting aside of award.
I have heard learned counsel for the parties and perused the impugned judgment and award under appeal. I am in agreement with the findings arrived at by the learned Tribunal.
Looking to the facts and circumstances of the case and the findings arrived at by learned Tribunal (3 of 3) [CMA-2296/2008] in the impugned award, the learned Tribunal is found to have dealt with each and every aspect of the matter, and has rightly passed the impugned judgment and award. I am in unison with the findings arrived at by the learned Tribunal. Hence, I do not think it just and proper to interfere with the impugned award under appeal passed by the Tribunal, and thus the appeal having no force, is hereby dismissed after confirming the judgment and award under appeal passed by the learned Tribunal.
As the main appeal has been dismissed today, the cross objection having no force is hereby dismissed.
(MAHESH CHANDRA SHARMA)J. Sandeep/-390-391