Partly allowed

Hari Singh and Ors. v. Manphool Singh and Ors.

Rajasthan HC6 Dec 2016CMA/673/2005

Case brief

AI extract

What is this about?

The High Court allowed the appeal partly, quashing the impugned award of the Motor Accidents Claims Tribunal (MACT) on specific issues due to procedural irregularities. The matter was remanded to the Tribunal for examination and fresh decision, with a stay on recovery of amounts received by claimants pending the final decision.

What did the court decide?

Impugned award on issue no. 7 quashed. Matter remanded to MACT for fresh decision with notice and hearing. Amount received by claimants not to be recovered till final decision.

Hari Singh and Ors. Vs Manphool Singh and Ors. — Specific Performance | 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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JUDGMENT

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S. B.Civi1 Mi sc. ~ppeal NO. 673/2005 Hari singh and ors

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Manphool singh and ors

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-. i

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DATE OF JUDGMENT ::: 6/12/2016

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. shri Ram for appell ant/s Mr.VP ~athur and Mr. Tej ~rakash sharma, for respondent/s

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Heard learned counsel for the parties and after heari ng both the parties, the appeal/s is/are being disposed of at this stage. Brief facts of the case are that the appeal/s has/have been filed against the impugned judgment and award passed by the MACT.

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At the very outset, learned counsel for the appell ant/s submits that the 1 earned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of aforesaid appeal/s. The finding of learned ~ribunal on issue no. 7 is contrary to the materi a1 avai 1 able on record. ~hus , the impugned award passed by the' learned Tribunal qua issue no.7 be quashed and set aside and the matter be remanded to the learned ~ribunal with the direction to decide the matter afresh in the light of objections which he has raised by way of aforesaid 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 may 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 as have been rai sed in this appeal . I havg heard Jsarned counsel for the parties

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and careful 1 y perused the "re1 evant materi a1 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. ~hus , the impugned award passed by the learned Tribunal needs interference by this court.

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In the result, the appeal/s is/are partly a1 1 owed and the impugned judgment and award passed by learned Tribunal qua on aforesaid issue/s is quashed and set aside with 'the direction to the learned Tribunal to decide the matter afresh as early as possible, qua the aforesaid issue/s in the light of grounds raised by the learned counsel for the parties in the aforesaid appeal/s and the aforesaid judgment, if appl i cab1 e and other judgments to be cited by learned counsel for the parties, if any, after issuing notice to all the concerned parties and givi ng opportunity of hearing to them. ~oth the parties request for specific date for appearing before the trial court, hence they are directed to appear before the learned ~ribunal on 5/3/2017.

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Record, if any, be sent back.

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The amount which has been received by the claimants/s shall not be recovered by the insurance company till final decision of the claim petition afresh.

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CMAHE$H CHANDRA SHARMA)J.

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Hari Singh and Ors. v. Manphool Singh and Ors.

Case brief

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Hari Singh and Ors. v. Manphool Singh and Ors.

Case brief

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