RAMESH KUMAR JAIN Vs. MASTER RAJAN & ANOTHER

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 21st December, 2006, whereby the Motor Accident Claims Tribunal, Jaipur passed an award of Rs. 52,000/ - in favour of Rajan through his mother Smt. Sugan Kanwar and against the appellant Ramesh Kumar.

(2.) HAVING heard the learned counsel for the parties and carefully perused the impugned judgment and the order sheets recorded by the Tribunal from time to time, it is revealed that albeit the Tribunal decreed an amount of Rs. 52,000/ - in favour of Smt. Sugan Kanwar and against the appellant Ramesh Kumar, yet held the Insurance Company to make the payment of the amount under the award and thereafter empowered the Insurance Company to recover or realize the said amount from the appellant Ramesh Kumar Jain.

(3.) LEARNED counsel appearing for the Insurance company submits that in case the matter is remitted to the Tribunal and the appellant is granted an opportunity to lead the evidence in support of his case, then the Insurance Company should also be equally given an opportunity to defend its case.