N.i.C.Ltd Vs. Mani Lal and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1096005
CourtRajasthan Jodhpur High Court
Decided OnOct-18-2013
AppellantN.i.C.Ltd
RespondentMani Lal and ors
Excerpt:
1 in the high court of judicature for rajasthan at jodhpur :judgment: s.b.civil misc. appeal no.1864/2012 national insurance company limited versus manilal and ors.date of judgment :: 18.10.2013 present hon'ble mr.justice arun bhansali mr.sunil a vyas, for the appellant. ---- by the court: no one appears despite service. this appeal is directed against the judgment and award dated 26.05.2012 passed by motor accident claims tribunal banswara ('the tribunal').whereby, respondent-manilal has been awarded compensation of rs.45,000/- for the injuries suffered by him. it is submitted by the learned counsel for the appellant that by the said impugned award dated 26.05.2012 the claim petition has been heard and decided by the tribunal with another claim petition, which arose out of the same accident. another appeal being s.b.civil misc. appeal no.1862/2012 (national insurance company ltd.versus smt. kaudi & ors.) was filed by the appellant-insurance company. the said appeal, in the case of smt. kaudi, came to be disposed of by the order dated 04.04.2013 passed by this court, whereby, finding on issue nos.1 and 3 have been set aside and the matter has been remanded back to the tribunal. 2 in view of the fact that finding on issue nos.1 and 3 recorded in impugned award already stands set aside in s.b.civil misc. appeal no.1862/2012, the present appeal is also required to be allowed and the matter remanded back to the trial court in view of the judgment passed by this court in the case of smt. kaudi (supra).consequently, this appeal is allowed and the judgment dated 26.05.2012 is set aside on issue nos.1 and 3 and the tribunal is directed to decide issue nos.1 and 3 afresh. if any amount in pursuance of award passed by the tribunal has been paid to the claimant, the same shall not be recovered from him till the fresh decision on the claim petition. the stay application also stands disposed of. (arun bhansali).j. pradeep kumar 71
Judgment:

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :JUDGMENT

: S.B.CIVIL MISC.

APPEAL NO.1864/2012 National Insurance Company Limited versus Manilal and ORS.Date of Judgment :: 18.10.2013 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.Sunil A Vyas, for the appellant.

---- BY THE COURT: No one appears despite service.

This appeal is directed against the judgment and award dated 26.05.2012 passed by Motor Accident Claims Tribunal Banswara ('the Tribunal').whereby, respondent-Manilal has been awarded compensation of Rs.45,000/- for the injuries suffered by him.

It is submitted by the learned counsel for the appellant that by the said impugned award dated 26.05.2012 the claim petition has been heard and decided by the Tribunal with another claim petition, which arose out of the same accident.

Another appeal being S.B.Civil Misc.

Appeal No.1862/2012 (National Insurance Company LTD.versus Smt.

Kaudi & Ors.) was filed by the appellant-Insurance Company.

The said appeal, in the case of Smt.

Kaudi, came to be disposed of by the order dated 04.04.2013 passed by this Court, whereby, finding on issue Nos.1 and 3 have been set aside and the matter has been remanded back to the Tribunal.

2 In view of the fact that finding on issue Nos.1 and 3 recorded in impugned award already stands set aside in S.B.Civil Misc.

Appeal No.1862/2012, the present appeal is also required to be allowed and the matter remanded back to the trial court in view of the judgment passed by this Court in the case of Smt.

Kaudi (supra).Consequently, this appeal is allowed and the judgment dated 26.05.2012 is set aside on issue Nos.1 and 3 and the Tribunal is directed to decide issue Nos.1 and 3 afresh.

If any amount in pursuance of award passed by the Tribunal has been paid to the claimant, the same shall not be recovered from him till the fresh decision on the claim petition.

The stay application also stands disposed of.

(ARUN BHANSALI).J.

pradeep kumar 71