TAPASH KUMAR DAS Vs. UTTAM CHAKRABORTY

JUDGEMENT

(1.) This case has got a chequered history. The claimant allegedly sustained injury as a result of motor vehicle accident which took place on 27/8/2010. Vide an award dtd. 12/3/2013, claim petition filed by the claimant stood adjudicated with the awarding of compensation of Rs.9,09,362.00. The insurer laid challenge to the same and in MAC App. No.93/2013, titled as The United India Insurance Company Ltd. v. Sri Tapash Kumar Das & another, this Court vide order dtd. 14/10/2016, while setting aside the said award dtd. 12/3/2013, remanded the matter back, enabling the parties to lead fresh evidence and with a further direction to decide the matter within a period of 4(four) months.

(2.) Laying challenge to the said order, the claimant preferred Special Leave Petition before Hon'ble the Supreme Court of India. However, during the pendency of the said proceedings, the Tribunal, rejecting the claimant's request for adjourning the matter, awaiting outcome of the decision in the said SLP, decided the claim petition by passing impugned award dtd. 1/3/2017 in case No.TS(MAC) 508/2011, titled as Sri Tapash Kumar Das v. Sri Uttam Chakraborty and another.

(3.) Having heard learned counsel for the parties, this Court is of the considered view that even though no fault can be found with the authority below in deciding the claim petition for there was no stay of proceedings but nonetheless, factum of pendency of the Special Leave Petition ought to have been kept in mind while deciding the claim petition within a time bound period. One notices that serious prejudice stands caused to the parties, more so to the claimant in the passing of the award. It is a matter of record that now the Special Leave Petition stands dismissed with liberty to challenge the order passed by the Tribunal in accordance with law. Significantly, all contentions raised by the petitioner are left open. It is also in this backdrop, one finds that interest of justice would be best met if the impugned award is set aside with the matter remanded back to the Tribunal to be decided in terms of the directions already issued by this Court vide order dtd. 14/10/2016 in MAC APP. No.93/2013, titled as The United India Insurance Company Ltd. v. Sri Tapash Kumar Das and another.