Partly allowed

Reliance Gen Insurance Co. Ltd. v. Nainu Singh and Others

Rajasthan HC17 Mar 2015CMA/2718/2014

Case brief

AI extract

What is this about?

The High Court partially allowed the appeal against a Motor Accident Claims Tribunal award. The court set aside the impugned award regarding issue no.2, finding it passed without proper consideration of facts or objections, and remanded the matter for a fresh hearing. It directed that amounts paid to claimants not be recovered.

What did the court decide?

Impugned award on issue no.2 quashed; matter remanded to Tribunal for fresh decision after notice and hearing; payment to claimants held irrecoverable.

Reliance Gen Insurance Co. Ltd. Vs Nainu Singh and Others — Insurance | Rajasthan HC (2015)

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

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J U D G M E N T

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S.B.Civil Misc. Appeal No.2718/2014 (Reliance General Ins. Co. Vs. Nainu Singh and ors.)

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DATE OF JUDGMENT : 17.03.2015

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr.Virendra Agrawal, for appellant.

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Heard learned counsel for the appellant and after hearing him, this appeal is being disposed of at this stage.

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Brief facts of the case are that this appeal has been filed against the impugned judgment and award dated 5.6.2014 passed by the Judge, MACT (Addl. Distt. Judge No.1) Beawar, Distt. Ajmer.

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At the very outset, learned counsel for the appellant/s submits that the learned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of aforesaid appeal. The finding of learned Tribunal on issue no.2 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no.2 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 aforesaid appeal.

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

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In my considered view, the learned Tribunal

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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, this appeal is partly allowed and the impugned judgment and award passed by learned Tribunal qua issue no.2 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh as early as possible, qua issue no.2 in the light of grounds raised by the learned counsel for the appellants in the aforesaid appeal and the aforesaid judgment, if applicable and other judgments 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.

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However, it is made clear that the amount which has been paid to the claimants shall not be recovered from them.

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

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(MAHESH CHANDRA SHARMA)J.

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Sandeep/-182

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All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed. SANDEEP RAWAT,Sr.P.A.

Reliance Gen Insurance Co. Ltd. v. Nainu Singh and Others

Case brief

What is this about?

What did the court decide?

Reliance Gen Insurance Co. Ltd. v. Nainu Singh and Others

Case brief

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