NEW INDIA ASSURANCE CO LTD Vs. JHAMKU

JUDGEMENT

(1.) AT the request of learned counsel for both the parties service of respondents No. 5 and 6 are dispensed with as they did not appear before the tribunal and the impugned award was passed by the tribunal against the appellant Insurance Company only.

(2.) LEARNED counsel for the parties submit that the appeals can be decided as the short pointed involved in these appeals and there is no dispute between the parties if the matter is remanded back to the learned Motor Accident Claims Tribunal, Udaipur for deciding the claim petitions in accordance with law. Therefore, at the request of both the counsel, appeals are heard on merit. Since in all these three appeals, the question of law involved is one and the same and the Motor Accident Claims Tribunal, Udaipur has decided the claim petitions by a common order dated 9. 12. 96, therefore, the fact of one of the claim petition will serve the purpose to understand the controversy. Therefore, the facts of one of the claim petition is mentioned hereinafter.

(3.) LEARNED counsel for the claimants submits that the claimants have no objection if the matter is remanded back to the tribunal again for deciding the claim petitions on merits in accordance with law as all the proceedings have already been taken place before the tribunal.