This is an appeal by the National Insurance Company Ltd against the award of the Motor Accident Claims Tribunal. The High Court found that the Tribunal correctly appreciated the evidence and findings and dismissed the appeal, confirming the impugned award.
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.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR.
JUDGMENT
S. B. ci vi 1 ~i sc . ~ppeal NO. 2585/2011 Nati onal Insurance Company Ltd.
VS
~anni Bai and ors
DATE OF JUDGMENT
HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. Praveen ~ain for the Insurance company ~r. Deepak pareek for the respondent/s
The instant appeal has been filed against the impugned judgment and award passed by the Judge, MACT.
grief facts of the case are that with regard to the accident, a claim petition was filed on behalf of the clairnant/s claiming compensation as mentioned wherei n .
~otices were issued to the opposite parties. ~eply to the claim petition was filed and the learned Tribunal framed the issues. After hearing all the parties, the learned Tri bunal passed the aforesaid impugned award. ~gai nst the impugned award, the insurance company has preferred the instant appeal for the relief as prayed for in it.
earned counsel for the insurance company has contended that the learned Tribunal has failed to appreciate each and every aspect of
the matter as also the evidence available on record. The award passed by the 1 earned Tri bunal i s i 11 egal , without juri sdi cti on and contrary to the facts of the case. Hence impugned award deserves to be set aside. on the other hand, learned counsel for the c1 ai mants has opposed the submi ssi ons advanced on behalf of insurance company and requested for mai ntai ning/enhancement of award.
I have heard learned counsel for the parties and perused the impugned judgment and award. I am in agreement with the findings arrived at by the learned Tribunal on issue no.1 and 4 which read as under:
~ooking to the facts and circumstances of the case and the findings arrived at by 1 earned ~ri bunal as quoted herei nabove, the learned ~ribunal is found to have dealt with each and every aspect of the matter, and has rightly passed the impugned judgment and award. I am in unison with the findings arrived at by the 1 earned Tribunal . Hence, I do not thi nl< it just and proper to interfere with the impugned award passed by the Tribunal, and thus the appeal having no .force, is hereby dismissed after confirming the judgment and award passed by the learned Tri bunal .
(MAHESH CHANDRA SHARMA) J .
om
1 issue framed by the court
Whether the civil court can interfere with the findings of fact recorded by the Motor Accident Claims Tribunal.
National Insurance Company Ltd
Nani Bai
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
