Smt. Mamta Devi and Others vs Jagdish and Another

M.C. Sharma, J.—This appeal has been filed by the non claimants appellants against the judgment passed by MACT. At the very outset, learned counsel for the appellants submits that the learned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of the aforesaid appeal. The finding of the learned Tribunal on issue no. 3 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no. 3 be quashed and set aside and the matter be remanded to the learned Tribunal with the direction to decide the matter afresh in the light of objections which he has raised by way of the aforesaid appeal. In support of his contentions, he has placed reliance on the following judgments:

i) Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another,

ii) NICL Versus Indira Srivastava reported in 2008(1) TAC 424 (SC)

E Converso, the learned counsel for the respondents defended the impugned award and stated the same to be just and apposite.

I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned award.

In my considered view, the learned Tribunal while passing the impugned award has not gone through the facts of the case and passed the impugned award surreptitiously. Thus, the impugned award passed by the learned Tribunal needs interference by this Court.

In the result, the civil misc. appeal is partly allowed and the impugned judgment and award dated 8.12.2006 passed by Motor Accident Claims Tribunal, qua issue no. 3 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh, as early as possible, in the light of the grounds raised by the learned counsel for the appellants in this appeal and the aforesaid judgments and other judgments to be cited by learned counsel for the parties, if any, after issuing notice to all the concerned parties and giving opportunity of hearing to them.

Both the parties are directed to appear before the learned Tribunal on 18.3.2013. However, it is made clear that if any amount has been received by the claimants under the impugned award, the same shall not be recovered from them.