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2011 DIGILAW 2439 (RAJ)

Padma Devi v. Harpal Singh

2011-11-14

MOHAMMAD RAFIQ

body2011
RAFIQ, J.—This appeal has been preferred by the appellants aggrieved by the award dated 4.8.2007 passed by the Motor Accident claims Tribunal, Jaipur whereby, claim petition filed by the claimant-appellants in a death claim case has been dismissed. Appellant No.1 is wife and appellant No.2 is daughter of deceased-Shambhu Singh. 2. Shri K.N. Tiwari, learned counsel for the appellants has argued that the learned Tribunal dismissed the claim petition on the ground that challan of FIR No.16/2001 was wrongly exhibited in FIR No.14/01. 3. The co-ordinate bench of this Court in Smt. Kailash Kanwar & Anr. vs. Harpal Singh & Ors. (SBCMA No.3087/2007) decided on 6.5.2009 has accepted this is to be a bonafide mistake and while setting aside the award of the Tribunal, remanded the matter to the Tribunal. 4. In view of above, the appeal is remanded back to the Motor Accident Claims Tribunal, Jaipur (ADJ (Fast Track) No.6, Jaipur City, Jaipur) for deciding the matter afresh on merit. Record be sent back to the said Tribunal forthwith. Parties are directed to appear before the Tribunal.