Partly allowed

United India Insurance Co. Ltd. v. Ishwari Lal and Others

Rajasthan HC1 May 2015CMA/2886/2014

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed part of the civil miscellaneous appeals by quashing and setting aside the impugned judgment and award of the Tribunal regarding specific issues, as facts were not properly appreciated. The matter was remanded to the Tribunal for fresh adjudication with a notice to all parties and an opportunity of hearing. Claimants are directed not to remit received amounts unt

What did the court decide?

Impugned judgment and award on issues No. 1 & 3 quashed and set aside; matter remanded to Tribunal for fresh decision after notice and hearing; no recovery of award amount pending fresh disposal.

United India Insurance Co. Ltd. Vs Ishwari Lal… — Writ and Judicial Review | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. J U D G M E N T

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S.B. Civil Misc. Appeal No.735/2015 (Ramesh Chand & Ors. Versus Ramnath Sahriya & Ors.)

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S.B. Civil Misc. Appeal No.2912/2014 S.B. Civil Misc. Stay Application No. 1987/2014 (United India Insurance Co. Ltd. Versus Ramesh Chand & Ors.)

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S.B. Civil Misc. Appeal No.2886/2014 S.B. Civil Misc. Stay Application No. 1959/2014 (United India Insurance Co. Ltd. Versus Ishwari Lal & Ors.)

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DATE OF JUDGMENT : 1.05.2015

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr.Om Prakash Gupta, counsel for the Insurance Co. Mr. Praveen Jain for Mr. Sanjay Singhl, counsel for the claimants

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Since all 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.

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At the very outset, learned counsel for the Insurance Co. 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. 1 & 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).

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E Converso, the learned counsel for the claimants has/have opposed the arguments of

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learned counsel for the appellant(s). However, he/they has/have contended that the claimants have also filed an appeal against the judgment and award passed by the Tribunal. The finding of the Tribunal 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, which they have raised by way of the aforesaid appeal.

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

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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 instant 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.

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In the result, the appeal(s) is/are partly allowed; the impugned judgment and award passed by learned Tribunal qua issue(s) No. 1 & 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) , in the light of grounds raised by the learned counsel for the parties by way of the aforesaid appeal(s) and the 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, as early as possible in accordance with law.

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

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However, it is made clear that if any amount has been received by the claimants under the impugned award, the same shall not be recovered from them till disposal of the claim petition by the Tribunal afresh qua aforesaid issue(s).

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Stay application(s) also stands disposed of accordingly.

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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

United India Insurance Co. Ltd. v. Ishwari Lal and Others

Case brief

What is this about?

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United India Insurance Co. Ltd. v. Ishwari Lal and Others

Case brief

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What did the court decide?

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