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2012 DIGILAW 1870 (RAJ)

Ganpati Devi v. Oriental Insurance Company Ltd.

2012-09-03

MAHESH CHANDRA SHARMA

body2012
JUDGMENT 1. - This appeal has been filed against the Award dated 8.11.2010 passed by Judge, Motor Accident Claims Tribunal Sikar in MACT case No. 287/2008 by which the claim petition filed by the claimant was rejected. 2. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary. 3. Mr. Ashok Sharma, learned counsel for the claimant appellant made a request to this court that in the award dated 8.11.2010 passed by Judge, Motor Accident Claims Tribunal Sikar in MACT case No. 287/2008 by which the claim petition filed by the claimant was rejected, has not properly given opportunity to the claimant to produce evidence. The issues 3 and 4 were not properly considered by the MACT. In these circumstances, the learned counsel for the appellant in this appeal prays that the matter should be remanded back to the MACT to decide the matter as a fresh on issues 3 and 4 after providing opportunity to the appellant to produce proper evidence. 4. On the contrary, Amol Vyas, learned counsel appearing for the insurance company states that while deciding the issues 3 and 4, the MACT has considered properly all the points and evidence produced by the claimant. 5. I have considered the arguments raised by the learned counsel for the parties. It is an admitted fact that the MACT has not properly considered claim of the claimant for deciding issues 3 and 4. In the interest of justice the order of the MACT deserves to be quashed and the matter may be remanded back to the MACT to decide as a fresh the issue 3 and 4 after giving proper opportunity to the claimant and the insurance company to produce evidence and thereafter decide the issues 3 and 4 after hearing both the parties. 6. In view of the above this misc. appeal is disposed and the award dated 8.11.2010 passed by Judge, Motor Accident Claims Tribunal Sikar in MACT case No. 287/2008 by which the claim petition filed by the claimant was rejected qua the issues and 4 is set aside and the MACT is directed to decide as a fresh the issue Nos. 3 and 4, by allowing the parties to produce the evidence and after hearing them decide the issues 3 and 4. 3 and 4, by allowing the parties to produce the evidence and after hearing them decide the issues 3 and 4. The parties are free to submit evidence only regarding issues 3 & 4. The parties are directed to appear before the MACT on 16.1.2013. The appeal is disposed of accordingly.Appeal allowed. *******