NATIONAL INSURANCE CO. LTD Vs. SEEMA

JUDGEMENT

(1.) SINCE both the 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 Insurance Co. 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 appeal. The finding of the learned Tribunal on issue no. 4 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no.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 appeal. In support of his contentions, he has placed reliance on the following judgments:

(3.) IN the result, both the appeals are partly allowed and the impugned judgment and award dated 31.5.2011 passed by the learned Tribunal, qua issue no. 4 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh as early as possible, qua issue no. 4 in the light of grounds raised by the learned counsel for the appellant in the aforesaid appeals and the aforesaid judgments, if applicable, and other 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.