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2016 Supreme(Raj) 1540
IN THE HIGH COURT OF RAJASTHAN, JAIPUR BENCH
Mahesh Chandra Sharma, J.
Dhan Yogi S/o Lohade - Appellant
Versus
Bablu Jogi S/o Chhitar Jogi & Ors. - Respondents
Civil Misc. Appeal No. 6056 of 2016
Decided On : 17-11-2016
For the Appellants : Mr. J.P. Gupta
For the Respondents: Mr. B.C. Rawat, Mr. Nitesh Rawat
Headnote:Motor Vehicles Act, 1988, Sections 166, 168 and 173 - Accident and compensation – The relevant judnment and a valid order dictated by the court – Direction were given to the tribunal to reinvestigate the whole matter as it had some errors visible on the face of it – Appeal allowed.
Mahesh Chandra Sharma, J.
This civil misc. appeal has been filed against the impugned judgment and award under appeal.
2. Brief facts of the case are that a claim petition was filed by the claimants with regard to an accident involved in it whereby he/they claimed compensation.
3. Notices to the claim petition were issued to the opposite side. Written statement to the claim petition was filed. On the basis of the pleading of both the parties the learned Tribunal framed the issues. After hearing both the parties, the learned tribunal passed the impugned Judgment and award. Against the impugned judgment and award instant civil misc. appeal has been preferred.
4. I have heard learned counsel for the respective parties and carefully scanned the entire material made available to me.
5. Prima facie this Court is of the view that the matter is required to be re-investigated/re-enquired, therefore, certain directions need to be issued to the concerned Tribunal. Hence, this appeal is disposed of with the following directions:
1. The learned Tribunal is directed to re-enquire in the matter at its own discretion and during the course of enquiry if it finds that the claim case is based on false facts & evidence, in such circumstances, the judgment and award of the learned Tribunal shall remain as it is and if the claim case is filed on wrong facts & evidence, then an FIR shall be registered in accordance with law.
2. If during the course of inquiry, the claim case is found on true facts & evidence, in such circumstances, the impugned judgment/award passed by the learned Tribunal deem to have been treated as quashed. The learned Tribunal after hearing both the parties shall decide the claim case afresh in accordance with law.
3. Both the parties are directed to remain present before the learned Tribunal on 5.3.2017.
4. If the claimants wants to withdraw the claim case on the said date i.e. 5.3.2017 or within one month from 5.3.2017 then the learned Tribunal shall permit the claimants to withdraw the claim case and in such circumstances the impugned judgment/award shall be deemed to have been confirmed.
6. The instant civil misc. appeal stands disposed of with the aforesaid directions.
Appeal disposed of.
