- (1.) SINCE both the 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.
(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 appeal. 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 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) II (2010) ACC 518 (SC) New India Assurance Co. Ltd. Versus Kusumlata ii) 2008 ACJ 2161 (SC) New India Assurance Co. Ltd. Versus Roshanben Fakir iii) 2009 ACJ 1411 (SC) Oriental Insurance Co. Ltd. Versus Angad Kot and Others iv) 2006 93) Supreme 272 National Insurance Co. Versus Kusum v) 2006 ACJ 1 (SC) Natwar Parekh and Co. Ltd. Versus State of Karnataka vi) 2007 ACJ 1909 (SC) Oriental Insurance Co. Ltd. Versus Brij Mohan and Others E Converso, the learned counsel for the claimants 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.
(3.) IN the result, both the appeals are partly allowed and the impugned judgment and award dated 31.5.2011 passed by the learned Tribunal, qua issue no. 4 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh as early as possible, qua issue no. 4 in the light of grounds raised by the learned counsel for the appellant in the aforesaid appeals and the aforesaid judgments, if applicable, 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.;