Rajasthan High Court - Jaipur
Smt Sunita Devi And Others vs Amar Singh And Others on 4 January, 2013
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. Civil Misc. Appeal No. 1594/2011 (Smt. Sunita Devi & Ors. Versus Amar Singh & Others) Date of Judgment :: 4th January, 2013 HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Ram Sharan Sharma , counsel for the appellants Ms. Manju Jain, counsel for the respondents BY THE COURT:
This appeal has been filed by claimants appellants against the impugned judgment and award passed by MACT.
At the very outset, learned counsel for the appellants submits that the learned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of the aforesaid appeal. The finding of the learned Tribunal on issue no. 3 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no. 3 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 objections which he has raised by way of the aforesaid appeal. In support of his contentions, he has placed reliance on the following judgments:
i) 1988 ACJ page 8 National Insurance Co. Ltd. Versus Kastoori Devi and others
ii) 2008 2009 (Suppl) RAR 1 SC Sarla Verma and others Versus Delhi Transport Corporation and others.
E Converso, the learned counsel for the Insurance Company defended the impugned award and stated the same to be just and apposite.
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 civil misc. appeal is partly allowed and the impugned award dated 25.2.2011 passed by Motor Accident Claims Tribunal, qua issue no. 3 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh, as early as possible, in the light of the grounds raised by the appellants in the aforesaid appeal and the aforesaid judgments, if applicable, and other 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 are directed to appear before the learned Tribunal on 18.3.2013.
However, it is made clear that if any amount has been received by the claimants under the impugned award, the same shall not be recovered from them.
(MAHESH CHANDRA SHARMA),J.
DK All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.
Dilip Khandelwal P