The High Court dismissed an appeal against an interim award as infructuous since a final award on the same matter was already challenged in another appeal, holding that pleas would be available in the main appeal.
The appeal was dismissed as infructuous and pleas were held to be available in the main appeal challenging the final award.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Sr. No. 206
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
MA 169/2015 IA 1/2015
National Insurance Company Ltd
Through : Mr. Suneel Malhotra Advocate
V/s
Sansar Chand and others
.....Respondent(s)
Through :- None
Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER(ORAL)
1 This appeal filed by the National Insurance Company Ltd., in terms of Section 173 of Motor Vehicles Act, is directed against the award dated 13.03.2015 passed by the Motor Accident Claims Tribunal, Jammu under Section 140 of MV Act in claim petition No.368/2014 titled “Sansar Chand and others vs. Pawan Kumar and others”.
2 Learned counsel appearing for the appellant fairly states that the Tribunal has passed the final award and the same is already under challenge in MA No. 165/2017.
3 In view of the aforesaid, the interim award has emerged with the final award which is already assailed by the appellant in the aforesaid appeal.
4 This appeal has, therefore, been rendered infructuous. The same is, accordingly, dismissed. Needless to say that the pleas, which have been raised by the appellant herein, shall be available to it in MA 165/2017 filed against
MA 169/2015
2
the final award and disposal of this appeal shall not come in the way of the appellant in any manner.
(SANJEEV KUMAR) JUDGE
Jammu
03.07.2020 Sanjeev
Whether the order is speaking: Yes. Whether the order is reportable: Yes/No.
SANJEEV KUMAR UPPAL 2020.07.06 10:35 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether an appeal against an interim award remains maintainable when a final award on the same matter is already under challenge in another appeal.
Whether the disposal of an infructuous appeal needs to be delayed pending the hearing of the main appeal.
Whether pleas raised in a dismissed appeal are deemed subsumed in the main appeal challenging the final award.
2 provisions across 1 enactments
National Insurance Company Ltd
Sansar Chand and others
SANJEEV KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
