Rajasthan High Court - Jaipur
Prabhati Lal Meena vs Mangla Ram & Ors on 5 December, 2016
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B.CIVIL MISCELLANEOUS APPEAL NO. 2177 / 2009
PRABHATI LAL MEENA son of Shri Lakshmi Narayan, by caste
Meena, R/o Surajpura Ghati, Near Siddarth Nagar, P.S. Malviya
Nagar, District Jaipur (Raj.)
----Claimant/Appellant
Versus
1. Manglaram Meena son of Shri Tulsi Ram Meena, by caste
Meena, R/o Gadh Ki Kothiyan, Tehsil Bassi, District Jaipur
(Raj.)
2. Jagdish Meena son of Shri Panchuram Meena, by caste
Meena, R/o village Mendla alias Jujharpura, Post Jagatpura,
Tehsil Sanganer, District Jaipur (Raj.)
3. Ramsukh Meena son of Shri Gangaram, by caste Meena,
R/o village Badh Ki Kothiyan, Tehsil Bassi, District Jaipur (Raj.)
4. The United India Insurance Company Ltd. Regional Office,
Vishal Chamber, Tonk Road, Jaipur through Regional manager.
----Non-Claimants/Respondents
__________________________________________ For Appellant : Mr. Sandeep Mathur.
For Respondents : Mr. Bharat Yadav.
__________________________________________ HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Judgment 05/12/2016 Heard learned counsel for the parties and after hearing both the parties, the appeal is being disposed of at this stage.
(2 of 3 ) [CMA-2177/2009] Brief facts of the case are that this appeal has been filed against the impugned judgment and award passed by the MACT.
At the very outset, learned counsel for the appellant/s submits that the learned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of aforesaid appeal. The finding of learned Tribunal on issue no. 4 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no. 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 grounds which he has raised by way of aforesaid appeal.
On the other hand, the learned counsel for the respondent/s though opposed the same but requested that the learned Tribunal may be directed to hear him/them at the time of deciding the matter afresh on the aforesaid issue/s, and he may be permitted to raise all the objections to the grounds as have been raised in this appeal.
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, the appeal is partly allowed and the impugned judgment and award passed by learned Tribunal qua on aforesaid issue is quashed and set aside and the matter is remanded to the Tribunal with the direction to decide the matter afresh as early as possible, qua the aforesaid issue/s in the light of grounds raised by the learned counsel for the (3 of 3 ) [CMA-2177/2009] appellant/s in the aforesaid appeal and the 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 request for specific date for appearing before the trial court, hence they are directed to appear before the learned Tribunal on 05/03/2017.
Record, if any, be sent back.
The amount which has been received by the claimant/s shall not be recovered by the insurance company till final decision of the claim petition afresh.
(MAHESH CHANDRA SHARMA)J. Manisha/-164