High Court allowed the appeal partly, quashing the Tribunal's award on specific issues and remanding the matter for fresh consideration after hearing both parties.
Impugned judgment and award on issues 1, 2, and 3 quashed; matter remanded to Tribunal for fresh decision after hearing parties; stay on recovery of amounts.
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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR.
J U D G M E N T
S.B. Civil Misc. Appeal No.2667/2014 (Manoj Kumar Khatik Versus Ramkalyan & Ors.)
S.B. Civil Misc. Appeal No.2828/2014 S.B. Civil Misc. Stay Application No.1909/2014 (Shri Ram General Insurance Co. Ltd. Versus Manoj Kumar Khatik & Ors.)
DATE OF JUDGMENT : 10.03.2015
HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. Sanjay Singhal, counsel for claimant(s) Mr. Rakesh Bhargava, counsel for the Insurance Co.
Since both these appeals relate to one incident and arise out of the common judgment and award passed by the learned Tribunal, hence the arguments have been heard together and they are being decided by this common judgment.
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. 3 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).
E Converso, the learned counsel for the Insurance Co. has/have opposed the arguments of learned counsel for the claimant(s). He has further contended that the Insurance Co. has also filed an appeal challenging the judgment and award passed by the Tribunal. The finding of the learned
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Tribunal qua issue nos. 1 and 2 is contrary to the material on record. However, he/they has/have contended that 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 the grounds raised by them by way of the aforesaid appeal.
I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned judgment and award.
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 their respective 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.
In the result, the appeal(s) is/are partly allowed; the impugned judgment and award passed by learned Tribunal qua aforesaid issue(s) no. 1, 2 and 3 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.
Both the parties are directed to appear before the learned Tribunal on 30.9.2015.
However, it is made clear that if any amount has been received by the claimant(s) under
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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).
Stay application also stands disposed of accordingly.
(MAHESH CHANDRA SHARMA)J.
All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.
Dilip Khandelwal PA
1 issue framed by the court
Whether the impugned judgment and award of the Tribunal on specific issues be quashed and matter remanded for fresh decision.
Manoj Kumar Khatik
Shri Ram General Insurance Co. Ltd.
Ramkalyan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
