Partly allowed

R S R T C v. Ramesh and Ors.

Rajasthan HC20 Oct 2016CMA/4194/2007

Case brief

AI extract

What is this about?

This bench partly allowed an S.B. Civil Miscellaneous Appeal against an award. The Court quashed and set aside the Tribunal's impugned award regarding issue No. 1, observing it was passed surreptitiously without going through the facts, and remanded the matter for a fresh decision with notice and opportunity of hearing.

What did the court decide?

The impugned award on issue No. 1 is quashed and set aside. The matter is remanded to the Tribunal to decide afresh after issuing notice to all parties and providing an opportunity of hearing.

R S R T C Vs Ramesh and Ors. — Civil Procedure and Limitation | 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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J U D G M E N T

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S.B.Civil Misc. Appeal No.4194/2007

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Rajasthan State Road Transport Corporation through Chief Manager, Bundi Agar

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Rajasthan State Road Transport Corporation through General Manager, having its Head Office at Pariwahan Marg, C-Scheme, Jaipur

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Both are represented through their Officer-incharge.

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(Registered Owner of Bus No. RJ-08-P-0062)

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...Non-Claimants/Appellants

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Versus

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Ramesh Son of Pratap aged about 31 years, by-caste Bheel, resident of Dhanwas, Bhalan, Post Durgpura, Tehsil Jhalarapatan, District Jhalawar (Rajasthan).

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...Claimants/Respondents

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Thakur Lal S/o Shri Kanhaiya Ji, by caste Mochi, r/o Infront of Tej Bhawan, Bhawani Mandi, Tehsil Pachpahar, Distt. Jhalawar (Raj.) (Driver of bus No. RJ-08-P-0062)

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...Non-claimant/Respondent

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20.10.2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr.Virendra Agrawal for the appellant/s Mr. Sanjay Mehrishi for the respondent/s

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Heard learned counsel for the parties and after hearing both the parties, 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 under appeal.

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At the very outset, learned counsel for the

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appellant/s submits that the learned Tribunal while passing the impugned award has not taken into consideration the grounds which have been taken in the instant appeal. The finding of learned Tribunal on issue No/s. 1 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue No/s.1 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 grounds taken in the instant appeal.

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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 be directed to hear him/them at the time of deciding the matter afresh on the aforesaid issue/s, and he may be permitted to raise all the objections, grounds which he raised / taken before the Court.

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

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In my considered view, the learned Tribunal 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, the appeal is partly allowed and the impugned judgment and award passed by learned Tribunal qua issue No/s. 1 is quashed

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and set aside with the direction to the learned Tribunal to decide the matter afresh as early as possible, qua issue No/s. 1 in the light of grounds taken by the appellant/s in the aforesaid appeal and in the light of the judgments, which they want to place reliance, if any, after issuing notice to all the concerned parties and giving opportunity of hearing to them.

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Both the parties request for specific date for appearing before the trial court, hence they are directed to appear before the learned Tribunal on 5.3.2017.

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The learned Tribunal is directed to disburse 50% of the award amount to the claimants immediately on moving an appropriate application by them.

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Record, if any, be sent back to the court concerned.

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(MAHESH CHANDRA SHARMA)J.

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Sharma NK

R S R T C v. Ramesh and Ors.

Case brief

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R S R T C v. Ramesh and Ors.

Case brief

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