Partly allowed

Bajaj Allianz General Insurance Co. Ltd. v. Smt Mani Devi and Others

Rajasthan HC8 Aug 2016CMA/721/2012

Case brief

AI extract

What is this about?

The High Court of Rajasthan partly allowed an appeal against a Tribunal's award, quashing the decision on specific issues and remanding the matter for fresh consideration with proper notice and hearing to all parties.

What did the court decide?

Impugned judgment and award quashed on specific issues; matter remanded to Tribunal with direction to decide afresh after notice and hearing.

Bajaj Allianz General Insurance Co. Ltd. Vs Smt Mani… — Consumer Protection | 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.721/2012 (Bajaj Allianz General Insurance Versus Smt. Smt. Mani Devi & Ors.)

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DATE OF JUDGMENT : 8.08.2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Ram Singh Bhati, counsel for appellant(s) None is present for the respondents

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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. 2 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).

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I have heard learned counsel for the appellant 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

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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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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 5.12.2016.

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Record, if any, be sent back.

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Application also stands disposed of

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accordingly.

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(MAHESH CHANDRA SHARMA)J.

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All corrections made in the judgment / order have been incorporated in the judgment / order being uploaded.

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Dilip Khandelwal PA

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All corrections made in the judgment / order have been incorporated in the judgment / order being uploaded.

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Dilip Khandelwal

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Bajaj Allianz General Insurance Co. Ltd. v. Smt Mani Devi and Others

Case brief

What is this about?

What did the court decide?

Bajaj Allianz General Insurance Co. Ltd. v. Smt Mani Devi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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