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2012 DIGILAW 1941 (RAJ)

Oriental Insurance Company Ltd. v. Sajna Devi

2012-09-13

MAHESH CHANDRA SHARMA

body2012
JUDGMENT 1. - The Misc. appeal No. 1416 of 2007 has been filed by the Oriental Insurance Co. Ltd. (in short insurance company) against the award dated 24.2.2007 passed by the Judge, Motor Accident Claims Tribunal Neem ka Thana (Sikar) in Claim case No. 172 of 2005 whereby a sum of Rs. 12,13,642/- was awarded to the claimants as compensation. After service of notice on the claimant-respondents 1 to 6, they have filed the cross objections for enhancement of the compensation amount awarded by the MACT. 2. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary. 3. Ms. Vimal Sharma, learned counsel for the insurance company made a request to this court that in the award dated 24.2.2007 passed by the Judge, Motor Accident Claims Tribunal Neem ka Thana (Sikar) in Claim case No. 172 of 2005 whereby a sum of Rs. 12,13,642/- was awarded to the claimants as compensation, while deciding the issue No.2 in the claim petition the MACT has not properly considered the evidence and the judgments properly. 4. In these circumstances, the learned counsel for the appellant in this appeal prays that the matter should be remanded to the MACT to decide the matter as a fresh on issue No.2. 5. On the contrary, Mr. Harsh Saini, learned counsel appearing for the claimants and Mr. Amit Jindal, learned counsel appearing for the respondents 7 to 10, states that while deciding the issue No.2, the MACT has considered properly all the points and evidence produced by the insurance company and the claimants. 6. I have considered the arguments raised by the learned counsel for the parties. In the interest of justice the award dated 24.2.2007 passed by the Judge, Motor Accident Claims Tribunal Neem ka Thana (Sikar) in Claim case No. 172 of 2005 whereby a sum of Rs. 12,13,642/- was awarded to the claimants as compensation deserves to be quashed qua issue No.2 and the matter may be remanded back to the MACT to decide as a fresh the issue No.2. 7. In view of the above this misc. appeal is disposed and the award dated 24.2.2007 passed by the Judge, Motor Accident Claims Tribunal Neem ka Thana (Sikar) in Claim case No. 172 of 2005 whereby a sum of Rs. 12,13,642/- was awarded to the claimants as compensation. 7. In view of the above this misc. appeal is disposed and the award dated 24.2.2007 passed by the Judge, Motor Accident Claims Tribunal Neem ka Thana (Sikar) in Claim case No. 172 of 2005 whereby a sum of Rs. 12,13,642/- was awarded to the claimants as compensation. is set aside qua issue No.2 and the MACT is directed to decide as a fresh the issue No.,2 considering the case law to be cited by the parties. The parties are directed to appear before the MACT on 16.1.2013. The amount if any paid to the claimants shall not be recovered from them till the decision of the claim petition. The cross objections submitted by their claimants shall also stand disposed of. The claimants shall be at liberty to file cross-objection/ appeal in case they are not satisfied by the decision of the MACT.Appeal Disposed of as above with Liberty to Parties to File Appeal or Cross Objection Against Decision Afresh. *******