Smt. Rabiya Begum and Others vs Noratanmal Sharma and Others National Insurance Company Ltd. Vs Smt. Rabiya Begum and Others

Mahesh Chandra Sharma, J.—Since both the aforesaid appeals arise out of one judgment and award passed by MACT, hence the arguments have been heard together and they are being decided by this common judgment. At the very outset, learned counsel for the claimants submits that the learned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of the aforesaid appeals. The finding of the learned Tribunal on issue no. 4 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no. 4 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 the aforesaid appeals.

The learned counsel for the Insurance Company has contended that he has also filed an appeal challenging the quantum of compensation. In case this Court is remanding the matter, then the learned Tribunal may be directed to consider the grounds, which he has raised by way of the aforesaid appeal.

I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned award.

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.

In the result, both the aforesaid civil misc. appeals are partly allowed and the impugned judgment and award dated 16.8.2011 passed by Motor Accident Claims Tribunal, qua issue no. 4 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh, as early as possible, in the light of the grounds raised by the learned counsel for the parties in the respective appeals and the 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.

Both the parties are directed to appear before the learned Tribunal on 18.3.2013.

However, it is made clear that if any amount has been received by the claimant(s) under the impugned award, the same shall not be recovered from them till disposal of the claim petition by the learned Tribunal afresh. Stay application also stands disposed of.