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Judgment
Sushil Kukreja, J
Learned counsel for the appellant submitted that the Legal Representatives of deceased respondent No.2, Projnu, are already on record, therefore, there is no need to bring on record her LRs. and her name may be ordered to be deleted from the array of the parties. His statement is taken on record. Name of respondent No.2, Projnu, is ordered to be deleted from the array of the parties. The Registry is directed to make out necessary correction in the memo of the parties.
Learned counsel for the appellant further submitted that the present appeal is squarely covered by the judgment passed by a Coordinate Bench of this Court in FAO No.223 of 2015, titled Oriental Insurance Co.Ltd. vs. Ramila & Others, decided on 04.05.2016, arising out of the same accident, wherein the Coordinate Bench of this Court has passed the following order:-
“9. In view of the aforesaid discussion, I have no option, but to remand the matter back to the learned Tribunal for deciding the issue No.5, afresh. Ordered accordingly. However, it is made clear that insofar as findings on all other issues except Issue No.5, are concerned, the same will not be interfered with in any manner whatsoever by learned Tribunal below and only fresh findings shall be rendered on Issue No.5, that too by permitting the appellant to lead its evidence by providing all necessary assistance of the Court. It is also made clear that in case witness despite service fails to turn up, learned Tribunal shall not hesitate to take coercive measures to secure his presence.”
Therefore, in this view of the matter, the present appeal is partly allowed and the matter is remanded back to learned Tribunal for deciding Issue No.5, afresh. However, it is made clear that insofar as findings on all other issues except Issue No.5, are concerned, the same will not be interfered with in any manner whatsoever by learned Tribunal below and only fresh findings shall be rendered on Issue No.5, that too by permitting the appellant to lead its evidence by providing all necessary assistance of the Court. It is also made clear that in case witness despite service fails to turn up, learned Tribunal shall not hesitate to take coercive measures to secure his presence.
The parties/counsels are directed to appear before learned Tribunal on 06.05.2024.
Pending application(s), if any, shall stand disposed of.