Partly allowed

United India Insurance Comp v. Smt Vimla and Ors.

Rajasthan HC24 Oct 2016CMA/607/2004

Case brief

AI extract

What is this about?

In this civil miscellaneous appeal against a Motor Accident Claims Tribunal award, the Court quashed and set aside the award on specific issues. The matter was remanded to the Tribunal with directions to decide afresh after issuing notices and providing an opportunity of hearing to all parties.

What did the court decide?

The impugned judgment and award of the Tribunal on issues No. 1, 3 and 4 are quashed and set aside with a direction to decide the matter afresh after issuing notice to all concerned parties.

United India Insurance Comp Vs Smt Vimla and Ors. — Arbitration | 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.607/2004 The United India Insurance Company Ltd. Vs. Smt. Vimla & Ors.

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24.10.2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Virendra Agrawal for the appellant/s None for the respondent/s

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Mr. Virendra Agrawal learned counsel for the appellant has submitted that service of notice on respondent No.5- Laxman who is owner of the offending vehicle has been effected but noone has put in appearance on his behalf.

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Heard learned counsel for the appellant.

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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 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, 3 and 4 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue No/s. 1,3 and 4 be quashed and set aside and the matter be remanded to the learned Tribunal with the direction to decide the

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matter afresh in the light of grounds taken in the instant appeal.

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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. 1,3 and 4 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh as early as possible, qua issue No/s. 1,3 and 4 in the light of grounds taken by the appellant/s in the aforesaid appeal and in the light of the judgments, which counsel 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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The learned Tribunal after issuing notice shall fix the date for appearance of both the parties of 5.3.2017. Record, if any, be sent back to the court concerned.

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(MAHESH CHANDRA SHARMA)J.

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Sharma NK

United India Insurance Comp v. Smt Vimla and Ors.

Case brief

What is this about?

What did the court decide?

United India Insurance Comp v. Smt Vimla and Ors.

Case brief

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What did the court decide?

What the court decided

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