RELIANCE GENERAL INSURANCE COMPANY LTD Vs. SUMAN

JUDGEMENT

(1.) Cm No.1535/2018 (for early hearing) moved by first to sixth respondents (claimants)

(2.) The learned counsel for the claimants fairly conceded that the impugned judgment of the Tribunal suffers from the above-mentioned defects. He, therefore, submitted that while the appeal may be allowed and the impugned judgment be set aside, the matter may be remanded to the Tribunal for appropriate inquiry in accordance with law, so that the claimants can have the opportunity to lead proper evidence. The counsel for the appellant also agrees to this request.

(3.) Thus, the appeal is allowed. The impugned judgment is set aside and the claim case referred to above is remitted to the Tribunal for further inquiry in accordance with law. For this purpose, the parties are directed to appear before the Tribunal on 27.02.2018. It may be added that the appeal having been taken up and heard out of its turn from the list of "Regulars", the seventh respondent, the drivercum-owner of the insured vehicle did not have a notice of the matter coming up before the Court today. Therefore, the Tribunal shall be obliged to issue a fresh notice to him to secure its presence before proceeding further.