Rukmani Jethani And Ors vs Gopal Singh And Ors

These appeals have been filed against the impugned judgment and award dated 2.8.2007 passed by the Judge, MACT, Jaipur City, Jaipur whereby the learned Tribunal awarded a sum of Rs. 6,96,500/- in favour of claimants.

Brief facts of the case are that with regard to the accident, a claim petition was filed on behalf of the claimant/s claiming compensation as mentioned wherein.

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 award. Against the impugned award, the insurance company as well as the claimants, both have preferred the instant appeals for the relief as prayed therein.

Learned counsel for the insurance company 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, and contrary to the facts of the case. Hence impugned award deserves to be set aside.

On the other hand, learned counsel for the claimants has contended that the amount of compensation given by the Tribunal is abysmally low, hence the impugned judgment and award passed by the Tribunal needs to be modified.

I have heard learned counsel for the parties and perused the impugned judgment and award. I am in agreement with the findings arrived at by the learned Tribunal on issue no.3 & 4 which is reproduced as under: "VERNACULAR MATTER OMITTED"

Looking to the facts and circumstances of the case and the findings arrived at by learned Tribunal as quoted hereinabove, 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 passed by the Tribunal, and thus the appeal filed by the Insurance Co. as well as the claimants, both are hereby dismissed after confirming the judgment and award passed by the learned Tribunal.

Stay application as well as the application, if any, are also stand disposed of accordingly.