Partly allowed

Mahesh Chand Sharma v. Minal Sahani Mona and Ors.

Rajasthan HC3 Nov 2016CMA/1986/2008

Case brief

AI extract

What is this about?

Single judge allowed condonation of delay in restoration application under Section 5 of Limitation Act. Bench directed Tribunal to reinvestigate a motor accident claim. If claims are false, Tribunal may file FIR and keep original award; if true, award is quashed and matter is decided afresh.

What did the court decide?

Delay condoned; appeal restored to original number; appeal disposed of with directions to Tribunal for re-investigation.

Mahesh Chand Sharma Vs Minal Sahani Mona and Ors. — Execution and Attachment | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JAIPUR BENCH, JAIPUR.

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S.B. CIVIL MISC. Restoration Appl.NO. 202/ 2016 In S.B. CIVIL MISC. APPEAL NO. 1986/ 2008

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Mahesh Chand Sharma son of shri Badri Prasad Sharma, aged 41 years, resident of village and post Abhanari, Tehsil Baswa, P.S. Bandikui, District Dausa.

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.....Claimant/ Appellant

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Versus

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Minal Sahani Mona D/o Shri Pal Sahani, resident of H-211, Vikaspuri, New Delhi at present Plot No. 410, Adarsh Nagar, Jaipur (Driver Vehicle Maruti Zen No. RJ-14-1C- 6486). 2. Geeta Sahani W/o Shri Pal Sahani, R/o Plot No. 410, Adarsh Nagar, Jaipur (Owner Vehicle Maruti Zen No. RJ-14-1C6486)

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The Oriental Insurance Co. Ltd. Through Manager, Transport Nagar, jaipur. (Insurance company of Vehicle Maruti Zen No. RJ-14-1C-6486)

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Umesh Kumar Jangid S/o Shri Ram Gopal, R/o Ward No. 12, Ganga Mata Ka Chowk, Chomu, District Jaipur (Previous Registered Owner Vehicle Maruti Zen No. RJ-14-1C-6486)

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....... Non-Claimants/ Respondents

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DATE OF JUDGMENT : 3/11/2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr Ashish Kumar Sharma, for the appellant/s . Mr. Rajpal Choudahry, for respondent/s

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For the reasons mentioned in the application u/s 5 of Limitation Act, the same is allowed and the delay in filing of the restoration application is condoned.

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For the reasons mentioned in the application for restoration of the appeal., the same is allowed and the appeal is restored to its original number.

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This civil misc. Appeal has been filed against the

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impugned judgment and award under appeal.

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Brief facts of the case are that a claim petition was filed by the claimant/s with regard to an accident involved in it. Notices to the claim petition were issued to the opposite side. Reply/written statement to the said claim petition was filed and on the basis of pleadinigs of both the parties, the learned Tribunal framed the issues. After hearing both the parties, the learned Tribunal after due appreciation of facts & evidence passed the impugned judgment and award under appeal. Hence this appeal has been preferred.

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I have heard learned counsel for the respective party/parties and carefully scanned and gone through the entire material and evidence available on record.

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Prima facie, this court comes to the conclusion or is of the view that the matter is required to be reinvestigated/re-inquired by the concerned Tribunal, therefore, for that purpose, certain directions need to be issued to it. Hence, this appeal is disposed of with the following directions to the concerned Tribunal:

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(i) the concerned Tribunal is directed to re-investigate/reinquire the matter at its own discretion, and during the course of enquiry, if it finds that the claim petition/case is based on false facts & evidence, in such circumstances, the judgment & award under appeal passed by Tribunal shall remain unchanged, and if the claim petition/case is filed on wrong facts & evidence, it shall be free to file/register an FIR in accordance with law.

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(ii) if during the course of enquiry/investigation, the claim petition/case is found true, in such circumstances, the impugned judgment and award under appeal deem to have been treated as quashed. The learned Tribunal, after affording proper opportunity of hearing to both the parties and taking into consideration each and every aspect of the matter including the evidence, shall decide

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the claim case afresh in accordance with law. (iii) Both the parties are directed to remain present before the concerned Tribunal on 5.3.2017. (iv) If the claimant/s want/s to withdraw the claim case on the aforesaid date i.e. 5.3.2017, or within one month from 5.3.2017, then the concerned Tribunal shall permit/allow the claimant/s to withdraw the claim case, and in such circumstances, the impugned judgment and award under appeal shall be deemed to have been confirmed.

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The instant civil misc. Appeal stands disposed of with the afore-mentioned directions.

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(MAHESH CHANDRA SHARMA)J.

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Mahesh Chand Sharma v. Minal Sahani Mona and Ors.

Case brief

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Mahesh Chand Sharma v. Minal Sahani Mona and Ors.

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