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2015 DIGILAW 615 (RAJ)

Mam Chand Saini v. Mohan Lal

2015-03-11

MAHESH CHANDRA SHARMA

body2015
JUDGMENT 1. - The instant appeal has been filed against the impugned judgment and award dated 10th November, 2010 passed by the Adll. Distt. Judge (F.T.) No. 7, Jaipur City, Jaipur. 2. Brief facts of the case are that on 29th March, 2006 claimant-appellant along with his friends was heading on motor cycle from Tijara Railway Crossing to Lakhandwala. The appellant was hit from back side by another motor cycle No. RJ-02-SB-4376 resulting into serious injuries to appellant. With regard to the aforesaid accident, a claim petition was filed on behalf of the claimant/s claiming compensation as mentioned therein. 3. Notices were issued to the opposite parties. Reply to the claim petition was filed and the learned Tribunal framed the issues. After hearing all the parties, the learned Tribunal passed the aforesaid impugned judgment and award dated 10th November, 2010. 4. Against the impugned judgment and award dated 10th November, 2010. the appellant preferred the instant appeal for the relief as prayed for in it. 5. Learned Counsel for the appellant has contended that the learned Tribunal has failed to appreciate each and every aspect of the matter as also the evidence available on record. The award passed by the learned Tribunal is illegal, without jurisdiction and contrary to the facts of the case. Hence, impugned award deserves to be modified. 6. On the other hand, learned Counsel for the respondents has opposed the submissions advanced on behalf of appellant and requested for maintaining the award. 7. I have heard learned Counsel for the parties and perused the impugned judgment and award dated 10th November, 2010. Hence, impugned award deserves to be modified. 6. On the other hand, learned Counsel for the respondents has opposed the submissions advanced on behalf of appellant and requested for maintaining the award. 7. I have heard learned Counsel for the parties and perused the impugned judgment and award dated 10th November, 2010. I am in agreement with the findings arrived at by the learned Tribunal, which are reproduced as under : " izFke lwpuk fjiksVZ 5&6 fnu ckn foyEc ls djokbZ xbZ gSA bldk Hkh dksbZ Li"Vhdj.k ugha fn;k x;k gSA tks fpfdRldh; mipkj ls lacaf/kr fcy o ifpZ;ka is'k dh gS os Hkh lafnX/k izrhr gksrh gSA izn'kZ&4 o 5 esdsfudy eqvk;uk eksVjlkbZfdy ds voyksdu ls Li"V gksrk gS fd fdlh Hkh eksVj lkbZfdy esa nq?kZVuk ds fu'kkukr ekStwn ugha gS] nksuksa gh eksVjlkbZfdy lgh gkyr esa ikbZ xbZ] tcfd izkFkhZ dk dFku gS fd eksVjlkbZfdy uEcj vkj0ts0 02 ,l0ch0 4376 esa mlds ihNs ls VDdj ekjh bl fLFkfr esa izkFkhZ dh eksVjlkbZfdy] ihNs dh rjQ ls {kfrxzLr gksuh pkfg, Fkh] vkSj vizkFkhZ dh eksVjlkbZfdy dk vxyk fgLlk {kfrxzLr gksuk pkfg, Fkk ysfdu bu eksVjlkbZfdyksa esa ,slh dksbZ {kfr ugha ik;h xbZ gS eSdsfudy eqvk;uk eksVjlkbZfdy ls Hkh nq?kZVuk lafnX/k izrhr gksrh gSA izn'kZ&6 ds vuqlkj fnukad 29 ekpZ] 2006 dks eksVjlkbZfdy uEcj vkj0ts0&02 ,l0ch0&4376 dks vizkFkhZ la[;k&1 eksguyky ds }kjk pyk;h tk jgh Fkh] ysfdu vU; fdlh lk{; ls ;g lkfcr ugha gksrk fd vizkFkhZ la[;k&1 us eksVj lkbZfdy pykdj nq?kZVuk dkfjr dh gks vkSj izkFkhZ dks pksVsa igqapk;h gksA izkFkhZ }kjk nq?kZVuk ds ckn vLirky esa bZykt djok, tkus ds rF; dks lkfcr djkus esa vlQy jgk gS] izkFkhZ }kjk izFke lwpuk fjiksVZ Hkh foyEc ls djokbZ xbZ gS] blls Hkh nq?kZVuk gksus esa lansg mRiUu gksrk gSA " 8. Looking to the facts and circumstances of the case and the findings arrived at by learned Tribunal as quoted herein above, the learned Tribunal is found to have dealt with each and every aspect of the matter, and has rightly passed the impugned judgment, and award. I am in unison with the findings arrived at by the learned Tribunal. Hence, I do not think it just and proper to interfere with the impugned award.Appeal dismissed. *******