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2017 Supreme(Raj) 2838
RAJASTHAN HIGH COURT (JAIPUR BENCH)
Mahesh Chandra Sharma, J.
Oriental Insurance Co. Ltd. - Appellant
Versus
Suresh Kumar Verma - Respondent
Civil Miscellaneous Appeal No. 4444 of 2016
Decided On : 08-02-2017
Mr. Virendra Agrawal, Advocate, for the Appellant
Headnote:
Constitution of India,1950 - Accident - Relief as prayed - Evidence available on record - Deserves to be set aside - Maintaining/enhancement of award - Case are that with regard to the accident claim petition was filed on behalf of the claimant/s claiming compensation as mentioned - 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 - Learned counsel for insurance company has contended that learned Tribunal has failed to appreciate each and every aspect of the matter as also the evidence available on record - Award passed by the learned Tribunal is illegal, without jurisdiction and contrary to the facts of the case - Impugned award deserves to be set aside – Held, Learned counsel for claimants has opposed the submissions advanced on behalf of insurance company and requested for maintaining/enhancement of award have heard learned counsel for parties and perused impugned judgment and award – Court agreement with the findings arrived at by learned Tribunal - case and the findings arrived at by learned Tribunal as quoted - Learned Tribunal is found to have dealt with each and every aspect of matter, and has rightly passed the impugned judgment and award – Court in unison with the findings arrived at by learned Tribunal - Court do not think it just and proper to interfere with the impugned award passed by the Tribunal - Appeal having no force is hereby dismissed
JUDGMENT
Mahesh Chandra Sharma, J. - The instant appeal has been filed against the impugned judgment and award passed by the Judge, MACT.
2. 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.
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 award.
4. Against the impugned award, the insurance company has preferred the instant appeal for the relief as prayed for in it.
5. 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, without jurisdiction and contrary to the facts of the case. Hence impugned award deserves to be set aside.
6. On the other hand, learned counsel for the claimants has opposed the submissions advanced on behalf of insurance company and requested for maintaining/enhancement of award.
7. 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 and 4 which read as under:
8. Looking to the facts and circumstances of the case and the findings arrived at by learned Tribunal as quoted here-in-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 passed by the Tribunal, and thus the appeal having no force, is hereby dismissed after confirming the judgment and award passed by the learned Tribunal.
