Partly allowed

Pankaj v. Khurshid and Ors.

Rajasthan HC15 Feb 2017CMA/5767/2016

Case brief

AI extract

What is this about?

This appeal, filed against the Motor Accident Claims Tribunal's award, was partly allowed. The High Court quashed the Tribunal's decision on issue no. 1, finding it was passed without considering the facts or the appellant's objections. The matter was remanded for a fresh hearing.

What did the court decide?

Impugned award passed by the Tribunal on issue no. 1 was quashed; matter remanded for fresh hearing with notice to all parties.

Pankaj Vs Khurshid and Ors. — Civil Procedure and Limitation | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.Civil Miscellaneous Appeal No. 5767 / 2016

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Pankaj S/o Chouth Mal Sharma B/c Brahmin, Aged About 28 Years, House No. 2/311 Housing Board, Swaimadhopur ( Raj.)

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----Appellant

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Versus

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Khurshid S/o Ikaramudeen B/c Musalman ( Driver of Vehicle No. RJ 25 SD-2130), Aged About 25 Years, Rasulpura Malarna Dungar, District Swaimadhopur

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Ikaramudeen S/o Hazi Toba Khan B/c Muslman ( Owner of Vehicle No. RJ 25 SD-2130), Aged About 25 Years, Rasulpura Malarna Dungar, District Swaimadhopur

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National Insurance Company Ltd. Through Branch Manager ( Insurance Company of Vehicle No. RJ 25 SD-2130), Old Truck Union, Gulab Bag, Swaimadhopur

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----Respondents

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For Appellant(s) : Mr. Rajeev Sogarwal.

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For Respondent(s) : Mr. R.S. Bhati.

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Judgment

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15/02/2017

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Heard learned counsel for the parties and after hearing both the parties, the 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 passed by the MACT.

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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 is contrary to the material available on

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(2 of 3)

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[CMA-5767/2016]

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record. Thus, the impugned award passed by the learned Tribunal qua issue no. 1 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 grounds 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 to the grounds as have been raised in this appeal.

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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 appeal is partly allowed and the impugned judgment and award passed by learned Tribunal qua on aforesaid issue is quashed and set aside and the matter is remanded to the Tribunal with the direction 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 appellant/s in the aforesaid appeal and the judgments to be cited by learned counsel for the parties,

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(3 of 3)

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[CMA-5767/2016]

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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 Tribunal on 05/07/2017.

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Record, if any, be sent back.

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(MAHESH CHANDRA SHARMA)J.

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Manisha/-292

Pankaj v. Khurshid and Ors.

Case brief

What is this about?

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Pankaj v. Khurshid and Ors.

Case brief

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