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2012 DIGILAW 617 (RAJ)

New India Assurance Co. Ltd. v. Ganga Devi

2012-03-12

MAHESH BHAGWATI

body2012
BHAGWATI, J.—Learned counsel for the appellants submits that three similar appeals arising out of the accident having taken place on 19th June, 1990 have already been remitted by the Coordinate Bench to the Motor Accident claims Tribunal, Behror, District Alwar for deciding the claim petitions afresh in the light of the judgment of Supreme Court, as cited by the Coordinate Bench in the order dated 19th December, 2011. The instant appeal also stands squarely covered and on the ground of parity and to avoid anomaly, the instant appeal may also be remitted to the Tribunal for its adjudication aresh. 2. Learned counsel for the respondents-claimants does not object to it. 3. Having reflected over the submissions made at the bar and carefully perused the order dated 19th December, 2011 recorded by the Coordinate Bench, it is revealed that the claim petitions no. 20/1993, 21/1993 and 22/1993 have been remitted to the MACT, Behror, District Alwar for the decision on issue no. 3 afresh and thereafter deciding the claim petitions also afresh in accordance with the provisions of law. The instant appeal pertains to the decision of the Tribunal relating to claim petition no. 23/1993 – Smt. Ganga Devi vs. Uttam Singh. Since this claim petition also is related to the accident dated 19th June, 1990 and the aforesaid three claim petitions are also related to the same accident, hence keeping the parity, I also feel inclined to remit the instant matter to the Motor Accident Claims Tribunal, Behror, District Alwar for adjudicating issue no. 3 afresh and thereafter deciding the claim petition also afresh after affording an opportunity of being heard to both the parties in accordance with the provisions of law. 4. In view of above, the appeal is allowed and the impugned judgment and award dated 20th September, 2000 rendered by Motor Accident Claims Tribunal, Behror, District Alwar stands set-aside. The matter is remitted to the MACT, Behror for deciding issue no.3 afresh in accordance with the directions given by the Coordinate Bench vide order dated 19th December, 2011 pertaining to claim petitions no. 20, 21 and 22 of the year 1993 and deciding thereafter the claim petition afresh after affording an opportunity of being heard to both the parties in accordance with the provisions of law. 5. The appeal stands disposed of accordingly. 6. 20, 21 and 22 of the year 1993 and deciding thereafter the claim petition afresh after affording an opportunity of being heard to both the parties in accordance with the provisions of law. 5. The appeal stands disposed of accordingly. 6. All the terms and conditions imposed by the Coordinate Bench in the said order shall be applicable in the instant appeal also. 7. Consequent upon the disposal of appeal, the stay application, filed herewith, does not survive and that also stands disposed of accordingly.