National Insurance Co Ltd Vs Jagannath & Anr

RAJASTHAN HIGH COURT 7 Apr 2017 4325 of 2007 (2017) 04 RAJ CK 0182
Bench: SINGLE BENCH

Judgement Snapshot

Case Number

4325 of 2007

Hon'ble Bench

Mahesh Chandra Sharma

Advocates

Raj Sharma, Ram Singh Rathore

Judgement Text

Translate:

1. These appeals have been filed against the impugned judgment and award under appeals.

2. Brief facts of the case are that an accident occurred in the present case and with regard to an accident, a claim petition was filed on behalf of the claimant/s claiming compensation as mentioned therein. 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 judgment & award under appeal.

3. Against the impugned judgment and award under appeal, the appellant preferred the instant appeals for the relief as prayed for in it.

4. Learned counsel for the appellant 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 modified/enhanced.

5. On the other hand, learned counsel for the respondents has opposed the submissions advanced on behalf of appellant and requested for maintaining/setting aside of award.

6. I have heard learned counsel for the parties and perused the impugned judgment and award under appeal. I am in agreement with the findings arrived at by the learned Tribunal, which are reproduced as under:-
"VERNACULAR MATTER OMITTED"
7. Looking to the facts and circumstances of the case and the findings arrived at by learned Tribunal as quoted herein 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 under appeals passed by the Tribunal, and thus the appeals having no force, are hereby dismissed after confirming the judgment and award under appeal passed by the learned Tribunal.
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