The High Court held that the Tribunal failed to appreciate facts and grounds. The appeal was partly allowed; the impugned award was quashed and remanded to the Tribunal for a fresh decision.
Impugned judgment and award quashed; matter remanded to Tribunal for fresh decision.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR.
J U D G M E N T
S.B. Civil Misc. Appeal No.687/2004 (National Insurance Co Versus Bina Gurjar & Ors.)
DATE OF JUDGMENT : 12.07.2016
HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. Vizzy Agarwal, counsel for appellant(s) None is present for the respondents.
This appeal has been filed by the appellant(s) against the judgment and award passed by the learned Tribunal.
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. is contrary to the material available on record. Thus, the impugned judgment and award passed by 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).
None is present for the respondents.
I have heard learned counsel for the appellant and carefully perused the relevant material on record including the impugned judgment and award.
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
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award surreptitiously. Thus, the impugned judgment and award passed by the learned Tribunal needs interference by this court.
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.
Learned counsel for the appellant has requested for a specific date for their appearance before the Tribunal, hence they are directed to appear before the learned Tribunal on 5.10.2016.
Record, if any, be sent back.
(MAHESH CHANDRA SHARMA)J.
Om/-
All corrections made in the judgment / order have been incorporated in the judgment / order being E- mailed.
Om Prakash, PA
2 issues framed by the court
Whether the impugned judgment and award passed by the Tribunal needs interference and remand on materials on record.
Whether the Tribunal appreciated the facts and grounds raised by the appellant.
National Insurance Co
Bina Gurjar & Ors.
Mahesh Chandra Sharma
As recorded by the court registry
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