Partly allowed

Geeta Devi v. Diwan Chand

Rajasthan HC1 Oct 2012CMA/2489/2011

Case brief

AI extract

What is this about?

This Court allowed appeals against awards of the Motor Accident Claims Tribunal dated 30.9.2004 on issue no. 4. The impugned awards were quashed and set aside as they were passed without considering the facts and raised grounds, and the matter was remanded to the Tribunal for fresh decision.

What did the court decide?

Impugned award on issue no. 4 quashed; matter remanded to Tribunal for fresh decision after notice and hearing; amount received by claimants not to be recovered.

Geeta Devi Vs Diwan Chand — Writ and Judicial Review | 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. 2500/2004 (Gyan Prakash & Others Versus Shri Naresh Kumar & Others)

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S.B. Civil Misc. Appeal No. 2499/2004 (Gyan Prakash & Others Versus Shri Naresh Kumar & Others)

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S.B. Civil Misc. Appeal No. 3767/2006 (Prahlad Versus Naresh Kumar & Others)

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S.B. Civil Misc. Appeal No. 2489/2011 (Smt. Geeta Devi & Ors. Versus Deewan Chand & Others)

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Date of Judgment :: 1^st October, 2012

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. K.N. Tiwari, counsel for the claimants Mr. Ram Singh Rathore) counsel for the Mr. Narendra Verma ) respondents

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BY THE COURT :

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Since all the aforesaid four appeals arise out of the judgment and award dated 30.9.2004 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 appellants submits that the learned Tribunal while passing the impugned award has not taken into consideration the grounds which he has raised by way of the aforesaid appeals. The finding of the learned Tribunal on issue no. 4 is contrary to the material available on

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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 he has raised by way of the aforesaid appeals. In support of his contentions, he has placed reliance on the following judgments:

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i) Santosh Devi Versus NIC reported in MACD 2012 page 97.

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ii) Nana Devi Versus Gurumel Singh reported in MACD 2012 (1) Raj. 286.

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E Converso, the learned counsel for the respondents defended the impugned award and stated the same to be just and apposite.

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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 four

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appeals are partly allowed and the impugned judgment and award dated 30.9.2004 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 appellants in the aforesaid appeals and the aforesaid judgments, if applicable, after issuing notice to all the concerned parties and giving opportunity of hearing to them.

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Both the parties are directed to appear before the learned Tribunal on 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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(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. Dilip Khandelwal PA

Geeta Devi v. Diwan Chand

Case brief

What is this about?

What did the court decide?

Geeta Devi v. Diwan Chand

Case brief

What is this about?

What did the court decide?

What the court decided

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