Partly allowed

Reliance Gen Insurance Co. Ltd. v. Smt Chiya Devi and Others

Rajasthan HC1 Apr 2015CMA/2351/2014

Case brief

AI extract

What is this about?

The High Court held that the Tribunal failed to appreciate facts and grounds. It quashed and set aside the Tribunal's award/qushaish on issues 3 and 4, remanding the matter for fresh decision after notices and hearing, while instructing that amounts received be retained pending disposal. The stay application was disposed of.

What did the court decide?

Impugned judgment and award on issues 3 and 4 quashed and set aside; matter remanded to Tribunal for fresh decision after notice and hearing; recovery of amount received pending disposal; stay applica

Reliance Gen Insurance Co. Ltd. Vs Smt Chiya Devi and Others — Insurance | Rajasthan HC (2015)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

¶3

JAIPUR BENCH, JAIPUR.

¶4

J U D G M E N T

¶5

S.B. Civil Misc. Appeal No.2523/2014 (Smt. Chiya Devi & Ors. Versus Ajit Singh & Ors.)

¶6

S.B. Civil Misc. Appeal No. 2351/2014 S.B. Civil Misc. Stay Application No. 1656/2014 (Reliance General Insurance Co. Versus Smt. Chiya Devi & Ors.)

¶7

DATE OF JUDGMENT : 1.04.2015

¶8

HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

¶9

Mr. Sandeep Mathur, counsel for claimant(s) Mr. Virendra Agarwal, counsel for the Insurance Co.

¶10

Since both these appeals relate to one incident and arise out of the common judgment and award passed by the Tribunal, hence the arguments have been heard together and they are being decided by this common judgment.

¶11

At the very outset, learned counsel for the claimant(s) 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).

¶12

E Converso, the learned counsel for the Insurance Co. has/have opposed the arguments of learned counsel for the claimant(s). However, he/they has/have contended that the Insurance Co. has also filed an appeal challenging the judgment

¶13

¶14

and award passed by the Tribunal. The finding of the Tribunal on issue no.3 is contrary to the material on record. Even if this Court is going to remand the matter, in such circumstances, the Tribunal should be directed to decide the matter afresh qua aforesaid issue(s), after giving opportunity of hearing to them also and in the light of grounds raised by them in the aforesaid appeal.

¶15

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

¶16

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 aforesaid 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.

¶17

In the result, the appeal(s) is/are partly allowed; the impugned judgment and award passed by learned Tribunal qua aforesaid issue(s) no. 3 and 4 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 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.

¶18

Both the parties are directed to appear before the learned Tribunal on 30.9.2015.

¶19

However, it is made clear that if any amount has been received by the claimant(s) under

¶20

¶21

the impugned award, the same shall not be recovered from him/them till disposal of the claim petition by the learned Tribunal afresh qua aforesaid issue(s).

¶22

Stay application also stands disposed of accordingly.

¶23

(MAHESH CHANDRA SHARMA)J.

¶24

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

Reliance Gen Insurance Co. Ltd. v. Smt Chiya Devi and Others

Case brief

What is this about?

What did the court decide?

Reliance Gen Insurance Co. Ltd. v. Smt Chiya Devi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Laxmi Alias Asha and Anr. Vs Kamlesh Kumar and Ors.

Naresh Vs Usman and Others

Tejpal Vs Usman and Others

Oriental Insurance Co. Ltd. Vs Smt Visakha and Others

Dr Brij Mohan Vs Ladu Lal

Smt Shakuntala Vs Abdul Sami Ansari and Another