Rajasthan High Court - Jaipur
Sheodan Singh vs Yogesh Kumar on 1 August, 2016
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.
J U D G M E N T S.B. Civil Misc. Appeal No.1731/2015 (Shriram General Insurance Versus Shri Bihari Lal Saini & Ors.) S.B. Civil Misc. Appeal No.2320/2015 (Bihari Lal Saini & Ors. versus Abhay Singh & Ors.) DATE OF JUDGMENT : 1.08.2016 HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. RP Vijay, counsel for the Insurance Co. Mr. Kamal Gupta, counsel for the claimants Both these appeals have been filed against the judgment and award passed by the learned Tribunal.
At the very outset, learned counsel for the Insurance Co submits that the learned Tribunal while passing the impugned judgment and award has not taken into consideration the grounds which he has raised by way of aforesaid appeal(s). The finding of learned Tribunal on issue no. 4 is contrary to the material available on record. Thus, the impugned judgment and award passed by the learned Tribunal qua aforesaid issue(s) be quashed and set aside and the matter should be remanded to the learned Tribunal with the direction to decide the matter afresh qua aforesaid issue(s) in the light of grounds which he has raised by way of aforesaid appeal(s).
On the other hand, the learned counsel for the claimants also contended that the learned Tribunal has not taken into consideration the grounds raised by them in their appeal. The finding of the learned Tribunal on issue no.4 is contrary to the record. He has requested that the learned Tribunal may be directed to hear him/them at the time of deciding the matter afresh on the 2 aforesaid issue/s.
I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned judgment and award.
In my considered view, the learned Tribunal while passing the impugned judgment and award has not appreciated the facts of the case and the grounds raised by the learned counsel for the parties by way of their respective appeal(s) in a proper manner and passed the impugned judgment and award surreptitiously. Thus, the impugned judgment and award passed by the learned Tribunal needs interference by this court.
In the result, both the appeal(s) are partly allowed; the impugned judgment and award passed by learned Tribunal qua aforesaid issue(s) is quashed and set aside and the matter is remanded to the Tribunal with the direction to decide the matter afresh qua aforesaid issue(s) as early as possible, in the light of grounds raised by the learned counsel for the respective parties by way of the aforesaid appeal(s) and the judgment
(s) 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 have requested for a specific date for their appearance before the Tribunal, hence they are directed to appear before the learned Tribunal on 5.10.2016.
Record, if any, be sent back.
(MAHESH CHANDRA SHARMA)J. DK All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.
Dilip Khandelwal PA