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2011 DIGILAW 2683 (RAJ)

Ramesh Chand Gurjar v. Ramaya

2011-12-07

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—Issue notice. Shri Tripurari Sharma, learned counsel accepts notice on behalf of respondent No.2-The New India Insurance Co.Ltd. 2. The only argument that has been raised by the learned counsel for the appellants is that by the impugned award, three claim petitions were decided together. The Co-ordinate Bench of this Court in S.B. Civil Misc.Appeal No.1542/2010 (Ramesh Chand Gurjar & Ors. vs. Tara Chand & Anr.) has remanded the matter to the Motor Accident Claims Tribunal vide order dated 2/9/2011 for deciding the claim petitions afresh on Issue No.3 in the light of various judgments of this Court and other High Courts referred to supra. 3. In the circumstances, the impugned award dated 1/11/2008 is set-aside and the matter is remanded back to the Motor Accident Claims Tribunal, Dausa with the direction to decide the matter afresh on Issue No.3 giving opportunity to the parties to adduce evidence afresh in the light of the judgments referred to in SBCMA No.1542/2010 (Ramesh Chand Gurjar & Ors. vs. Tara Chand & Anr.). 4. Parties are directed to appear before the Tribunal as and when the matter is next listed.