Partly allowed

Icici Lombard v. Ganga Devi

Rajasthan HC10 May 2016CMA/930/2012

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed the appeal in part, quashing the Tribunal's award on specific issues due to lack of factual consideration and remanding the matter for afresh adjudication with an opportunity of hearing.

What did the court decide?

Impugned award on issues 1 & 2 quashed; matter remanded to Tribunal for afresh decision with notice and hearing; parties directed to appear on 1.8.2016.

Icici Lombard Vs Ganga Devi — Pension and Retirement Benefits | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT 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.930/2012 (ICICI Lombard Gen. Ins. Vs. Ganga Devi and ors.) DATE OF JUDGMENT : 10.5.2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr.Virendra Agrawal, for appellant. Mr.Amit Singh, for respondent.

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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 passed by the concerned Tribunal.

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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 objections which he has raised by way of aforesaid appeal. The finding of learned Tribunal on issue no.1 & 2 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no.1 & 2 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 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 afford him an opportunity of hearing at the time of deciding the matter afresh on the aforesaid issue/s, and also he may be permitted to

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raise all the objections & grounds as are raised at that time.

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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 appeals are partly allowed and the impugned judgment and award passed by learned Tribunal qua issue no.1 & 2 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh as early as possible, qua issue no.1 & 2 in the light of grounds raised by the learned counsel for the appellants in the aforesaid appeals and the aforesaid judgment, if applicable and other judgments 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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Both the parties request for specific date for appearing before the trial court, hence they are directed to appear before the learned trial court/Tribunal on 1.8.2016.

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Record be sent back immediately.

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(MAHESH CHANDRA SHARMA)J.

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Sandeep/-350

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All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed. SANDEEP RAWAT,P.S.

Icici Lombard v. Ganga Devi

Case brief

What is this about?

What did the court decide?

Icici Lombard v. Ganga Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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