Oriental Insurance Company Ltd. vs Senithson D. Shira and Others

Sudip Ranjan Sen, J.

Heard Mrs. G. Purkayastha, learned counsel for the appellant who submits that the learned Tribunal below, while trying the case No. MAC No. 1 of 2011 has not examined the witnesses properly and he had just examined the claimant without giving any opportunity to the appellant to examine witnesses to establish their counter claim. Learned counsel argued that in the judgment no where it is mentioned that under what circumstances the learned Tribunal has come to the conclusion and awarded the claimant, therefore, she prayed that this is a fit case which needs to be remanded to the Tribunal for fresh trial.

Learned senior counsel Mr. KS Kynjing, fairly submits before the Court that he agreed with the submission advanced by the learned counsel for the petitioner that there was a mistake on the part of the Tribunal in the Judgment dated 18.10.2013 passed in MAC No. 1 of 2011 without sufficient reason. The learned senior counsel also submits that a Bank called ICICI is also one of the party before the learned Tribunal but after filing their written statement did not contest the case further and paid the awarded amount to the appellant. The Bank did not prefer any appeal before the Hon''ble High Court.

After hearing the rival submissions advanced by the learned counsel for the parties, I have carefully perused the judgment and award dated 18.10.2013 passed in MAC No. 11 of 2011. On going through the said impugned judgment, I find that the entire judgment is on presumption without any concrete evidence. Therefore, in my considered view, the judgment is not logical in its conclusion. Therefore, I agree with the submission advanced by the learned counsel for the parties that it is a fit case for remand. Accordingly, the instant case is remanded back to the MAC Tribunal, Williamnagar, with a direction to allow both the parties to participate in the case and to place their case in accordance with law and they should be given equal opportunity to examine their witnesses and cross-examine and to complete the process within six months from the date of receipt of the certified copy of this order. Accordingly, impugned judgment dated 18.10.2013 passed in MAC No. 1 of 2011 is hereby set aside only against the appellant (M/s. Oriental Insurance Company Ltd) since ICICI Bank is not before this Court.

Registry is directed to roll back the Tribunal case record to the concerned Tribunal with a copy of this order. The matter stands disposed of.