Dhan Singh and Another vs Deep Singh and Others

Mahesh Chandra Sharma, J.

1 Both the Misc. appeals have been filed by the appellants-claimants against the common award, hence same are being decided by this common judgment.

Both the Misc. appeals have been filed by the appellants-claimants against the award dated 4th September, 2009 passed by learned Judge, Motor Accident Claims Tribunal (Addl. District & Sessions Judge) No. 1, Deeg (Bharatpur) (for short the learned Tribunal).

Learned Counsel for the claimants-appellants submits that learned Tribunal while passing the impugned award has failed to consider the evidence submitted by the parties. The claimants-appellants remained under treatment for a long period but the learned Tribunal has awarded lump sum award towards compensation. The learned Tribunal has awarded interest @ 7% p.a. which ought to have been 12% p.a. at least looking to the facts and circumstances of the case. Thus, the impugned award passed by the learned Tribunal be enhanced.

Mr. Virendra Agarwal, learned Counsel for the respondent Insurance Company submits that the issues which have been framed by the learned Tribunal, have not been decided on the basis of the evidence submitted by both the parties. Thus, the impugned award passed by the learned Tribunal be quashed and set aside and the matter be remanded to the learned Tribunal with the direction to decide the same after taking into consideration the judgments which the learned Counsel may cite.

From a bare perusal of the facts of the case, evidence, available on record, in my considered view, the impugned award passed by the learned Tribunal needs interference of this Court.

In the result both the Misc. appeals disposed off with the following directions:

The award dated 4th September, 2009 passed by learned Judge, Motor Accident Claims Tribunal (Addl. District & Sessions Judge) No. 1, Deeg (Bharatpur) is quashed and set aside.

The matters are remanded to the learned Tribunal with the direction to decide the matter afresh in the light of the judgments as cited by the learned Counsel for the appellant as also the judgments which the learned Counsel for the respondents may cite, within a period of six months from the date of appearance of both the parties.

Both the parties are directed to appear before the learned Tribunal on 1st December, 2001.

The amount which has been paid to the claimants-appellants by the Insurance Company shall not be recovered till afresh decision on the claim petition.