Mahesh Chandra Sharma, J. - (1.) APPLICATION U/s. 5 of the Limitation Act is allowed for the reasons mentioned and the delay of 15 days in filing the Appeal (No. 4829/2009) stands condoned. With the consent of learned counsel for the parties, the arguments have been heard together and both the appeals arising out of one judgment and award passed by MACT are being disposed of by this common judgment.
(2.) 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. 4 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no. 4 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. 4 in the light of objections which he has raised by way of the aforesaid appeals. E Converso, the learned counsel for the claimant submits that he has also filed an appeal for enhancement of compensation. In case this Court is remanding the matter, then the learned Tribunal may be directed to consider the grounds, which have been raised by him by way of the aforesaid appeal.
(3.) I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned award.;