Partly allowed

Bajaj Allianz General Insurnac v. Ram Swaroop and Ors.

Rajasthan HC3 Oct 2012CMA/1069/2008

Case brief

AI extract

What is this about?

This Court decided three S.B. Civil Misc. appeals arising from a Motor Accident Claims Tribunal award dated 18.2.2008. Finding the Tribunal failed to consider raised grounds and acted surreptitiously on issue no. 4, the Court quashed the award, remanded the matter afresh, and preserved amounts received by claimants.

What did the court decide?

The impugned award of the Tribunal qua issue no. 4 is quashed and set aside; matter remanded to Tribunal for fresh consideration after notice to parties; stay applications disposed of.

Bajaj Allianz General Insurnac Vs Ram Swaroop and Ors. — Motor Accident Claims | Rajasthan HC (2012)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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JUDGMENT

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S.B. Civil Misc. Appeal No. 1883/2008 (Ramswaroop Chawariya & Another Versus Govind & Others)

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S.B. Civil Misc. Appeal No. 1083/2008 S.B. Civil Misc. Stay Application No. 780/2008 (Bajaj Allianz General Insurance Co. Ltd. Versus Ravi & Others)

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S.B. Civil Misc. Appeal No. 1069/2008 S.B. Civil Misc. Stay Application No. 775/2008 (Bajaj Allianz General Insurance Co. Ltd. Versus Ramswaroop Chawariya & Others)

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Date of Judgment :: 3^rd October, 2012

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Sandeep Mathur counsel for the claimants Mr. Virendra Agarwal, counsel for the Insurance Co.

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BY THE COURT :

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Since all the aforesaid three appeals arise out of the judgment and award dated 18.2.2008 passed by the learned Tribunal, hence they are being decided by this common judgment.

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At the very outset, learned counsel for the respective parties submits that the learned Tribunal while passing the impugned award has not taken into consideration the grounds which they have raised by way of the aforesaid appeals. The finding of the learned Tribunal on issue no. 4 is contrary to the

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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 objections which they have raised by way of the aforesaid appeals.

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I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned award.

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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.

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In the result, all the aforesaid three appeals are partly allowed and the impugned judgment and award dated 18.2.2008 passed by Motor Accident Claims Tribunal, qua issue no. 4 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh in the light of the grounds taken by learned counsel for the respective parties in the aforesaid appeals, after issuing notice to all the concerned parties and giving

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opportunity of hearing to them.

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Both the parties are directed to

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appear before the learned Tribunal on

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18.2.2013.

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However, it is made clear that if any amount has been received by the claimants under the impugned award, the said amount shall not be recovered from them.

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Consequent upon the disposal of appeals, the stay applications also stand disposed of.

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(MAHESH CHANDRA SHARMA),J.

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All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.

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Dilip Khandelwal PA

Bajaj Allianz General Insurnac v. Ram Swaroop and Ors.

Case brief

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Bajaj Allianz General Insurnac v. Ram Swaroop and Ors.

Case brief

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