THE NATIONAL INSURANCE CO. LTD. Vs. SMT. RAMPYARI & OTHERS
LAWS(RAJ)-2013-2-237
HIGH COURT OF RAJASTHAN
Decided on February 06,2013

The National Insurance Co. Ltd. Appellant
VERSUS
Smt. Rampyari And Others Respondents

JUDGEMENT

Mahesh Chandra Sharma, J. - (1.) SINCE all the aforesaid appeals arise out of one judgment and award passed by MACT, hence the arguments have been heard together and they are being decided by this common judgment. At the very outset, learned counsel for the Insurance Co. 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 appeals. 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 qua issue no. 3 in the light of objections which he has raised by way of the aforesaid appeals.
(2.) 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.
(3.) 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.;


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