HANIFA BANO Vs. SURESH CHAND

JUDGEMENT

(1.) SINCE all the aforesaid four appeals arise out of one judgment and award passed by MACT, hence the arguments have been heard together and they are being decided by this common judgment.

(2.) AT the very outset, learned counsel for the claimants submits that the learned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of the aforesaid appeals. The finding of the learned Tribunal on issue no.1, 2 and 4 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no. 1, 2 and 4 be quashed and set aside and the matter be remanded to the learned Tribunal with the direction to decide the matter afresh in the light of objections which he has raised by way of the aforesaid appeals.

(3.) IN the result, all the aforesaid civil misc. appeals are partly allowed and the impugned award dated 23.1.1998 passed by Motor Accident Claims Tribunal, qua issue no.1, 2 and 4 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh, as early as possible, in the light of the grounds raised by the learned counsel for the claimants and the judgments to be cited by learned counsel for the parties, if any, after issuing notice to all the concerned parties and giving opportunity of hearing to them. Both the parties are directed to appear before the learned Tribunal on 18.3.2013.