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2013 DIGILAW 270 (HP)

UNITED INDIA INSURANCE COMPANY LTD v. RAM PAL

2013-04-08

SANJAY KAROL

body2013
JUDGMENT SANJAY KAROL, J. - 1. IN terms of the impugned award dated 30.3.2011, the Motor Accident Claims Tribunal-II, Solan, District Solan, Himachal Pradesh, in M.A.C. Petition No.37-NL/2 of 2008, titled as Ram Pal versus Shiv Kumar Dwivedi and another, filed under Section 166 of the Motor Vehicles Act, has awarded compensation of a sum of Rs.15,20,000/- alongwith interest from the date of filing of the petition till its realization. 2. BRIEF facts are that respondent No.1 Shri Ram Pal was driving Motor Cycle bearing registration No.HP-12A-8261. It met with an accident and respondent No.1 suffered grievous injuries. He had to be hospitalized and allegedly suffered some permanent disability. Notice in the petition was issued and in terms of the impugned award, as noticed herein above, respondent No.1 has been awarded compensation. Assailing the same, the insurer filed the present petition, in which respondent No.1 has moved an application (CMP No.857/2012) for placing on record the disability certificate dated 20.4.2012 issued by the Post Graduate Institute of Medical Sciences and Research, Chandigarh. 3. FROM the perusal of the award, it is evidently clear that there was no material evidence to show that respondent No.1 had sustained permanent disability. The disability certificate is dated subsequent to the passing of the award. 4. BE that as it may, the fact of the matter is that the doctor concerned was not produced or even examined in the Court. The insurer has assailed the award, inter alia, on various grounds, including the one observed herein above. 5. KEEPING in view the over all attending circumstances, it would be only just and prudent that the impugned award dated 30.3.2011 is set aside and the matter is remanded back to the Tribunal for consideration afresh. Adequate opportunity shall be afforded to the parties to lead their respective evidence on all counts. Ordered accordingly. It is clarified that at the most two opportunities each shall be afforded to the respective parties to lead their evidence. The Tribunal shall decide the claim petition afresh on all the issues. 6. REGISTRY is directed to immediately send the record back to the Tribunal. Parties, through their learned counsel, under take to appear before the Tribunal on 13.5.2013. An endeavour shall be made by the Tribunal to decide the claim petition expeditiously. Parties shall not take unnecessary adjournments. The Tribunal shall decide the claim petition afresh on all the issues. 6. REGISTRY is directed to immediately send the record back to the Tribunal. Parties, through their learned counsel, under take to appear before the Tribunal on 13.5.2013. An endeavour shall be made by the Tribunal to decide the claim petition expeditiously. Parties shall not take unnecessary adjournments. With the aforesaid observations, present petition stands disposed of, so also the pending application, if any. A copy of this judgment be sent alongwith the record.