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2002 DIGILAW 531 (PAT)

Oriental Insurance Company Ltd. v. Thakuni Devi

2002-04-23

RADHA MOHAN PRASAD

body2002
Judgment 1. This appeal is directed against the judgment and award passed in Claim Case No. 187/89 by the 1st Addl. Motor Vehicles Accident Claim Tribunal, Muzaffarpur. 2. Heard learned counsel for the parties. 3. There is no dispute raised by any party regarding quantum of the award. However, learned counsel for the appellant submitted that the learned Tribunal has erred in law in fixing liability for payment of compensation jointly and severely and not specifying the same in terms of the provisions contained in Rule 19 of the Bihar Motor Vehicles Accident Claims Tribunal Rules, 1961 which requires that "the Claims Tribunal, in passing orders shall record concisely in a Judgment the findings on each of the issues framed and the reasons for such findings and make an award specifying the amount of compensation to be paid by the insurer and also the person or persons to whom compensation shall be paid." 4. Earlier much arguments were advanced on the question as to whether the liability of the Insurance Company was limited to the statutory liability or was unlimited liability. However, from the records, it appears that the insurer (appellant Company) and the insured have not been able to produce adequate evidence on record for fixing the liability by the Tribunal. 5. However, the fact remains that admittedly the Tribunal has not complied with the requirement as contained in Rule 19. Under such circumstances, learned counsel for the parties have fairly agreed for remitting the matter back to the Tribunal for compliance of requirement of Rule 19 after giving opportunity to produce evidence in support of their case. 6. Learned counsel for the claimant, however, submitted that the claimant has already suffered and as such, this Court may consider to direct the Tribunal to dispose of the matter on remand expeditiously. 7. Accordingly, the matter with respect to above is remitted back to the Tribunal for complying the requirement of Rule 19 after giving opportunity to the parties to adduce further evidence. The parties are directed to appear before the Tribunal on 6th May, 2002 alongwith the certified copy of this order, whereupon the Tribunal shall fix a short date for giving opportunity to the parties to adduce further evidence on the above question and positively dispose of the matter finally within two months accordingly. 8. Let the lower court records be returned to the court below immediately. 9. 8. Let the lower court records be returned to the court below immediately. 9. This appeal is, accordingly, disposed of.