Partly allowed

Rajendra Singh Rathore v. Gopal Lal Gupta and Others

Rajasthan HC4 Nov 2016CMA/2803/2012

Case brief

AI extract

What is this about?

The High Court partly allowed an appeal against a Tribunal's judgment and award, holding it was passed surreptitiously without appreciating facts. The award was quashed on specific issues and the matter remanded to the Tribunal for a fresh decision after notice to all parties.

What did the court decide?

Impugned judgment and award quashed and set aside; matter remanded to Tribunal for fresh decision with notice to all parties.

Rajendra Singh Rathore Vs Gopal Lal Gupta… — Civil Procedure and Limitation | Rajasthan HC (2016)

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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.2803/2012

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Rajendra Singh Rathaud son of Shri Mal Singh Rathaud, aged 46 years, resident of House No. 40, Krishna Nagar-II, Jodla Power House, Behind Lalaji Dharam Kanta, Sikar Road, Jaipur (Raj.)

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...Claimant Appellant

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Versus

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Gopal Lal Gupta son of Shri Mohan Lal Gupta, resident of Village Bhanpur Kalan, Tehsil Jamwa Ramgadh, District Jaipur (Raj.) (Driver)

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Tara Chand Sharma Son of Shri Sedu Ram Sharma, resident of Village Badiya Wala, Tehsil Jamwa Ramgadh, District Jaipur (Raj.) (Owner)

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The United India Insurance company Limited, Regional Office, Vishal Chamber, Tonk Road, Jaipur (Raj.) through Regional Manager

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...Non Claimants-Respondents

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DATE OF JUDGMENT : 4.11.2016 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Sandeep Mathur, counsel for appellant(s) Mr. NL Verma counsel for the respondent/s

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This appeal has been filed by the appellant(s) against the judgment and award passed by the learned Tribunal.

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At the very outset, learned counsel for the appellant(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

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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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On the other hand, the learned counsel for the respondent(s) though opposed the same but requested that the learned Tribunal may be directed to hear him/them at the time of deciding the matter afresh on the aforesaid issue/s, and he/they may be permitted to raise all the objections to the grounds as have been raised in this 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 appellant(s) 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 aforesaid issue(s) 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 appellant(s) 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.

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However, it is made clear that if any amount has been received by the claimant(s) under 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).

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Both the parties have requested for a specific date for their appearance before the Tribunal, hence they are directed to appear before the learned Tribunal on 5.3.2017.

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Record, if any, be sent back.

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(MAHESH CHANDRA SHARMA)J.

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Sandeep/-

Rajendra Singh Rathore v. Gopal Lal Gupta and Others

Case brief

What is this about?

What did the court decide?

Rajendra Singh Rathore v. Gopal Lal Gupta and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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