M.D., Punjab State Bus Stand Management Company Ltd v. Bindu

Delhi High Court · 20 Mar 2014 · 2014:DHC:1520
Suresh Kait
MAC.Appeal No. 733/2013
2014:DHC:1520
civil appeal_allowed

AI Summary

The Delhi High Court set aside a motor accident compensation award for failure to frame issues and discuss negligence, remanding the matter for a fresh enquiry.

Full Text
Translation output
MAC.Appeal No. 733/2013 HIGH COURT OF DELHI
JUDGMENT
delivered on: 20th March, 2014 MAC.APP. No.733/2013
M.D., PUNJAB STATE BUS STAND MANAGEMENT COMPANY LTD. ..... Appellant
Represented by: Mr. Kamal Sharma, Adv.
Versus
BINDU & ORS ..... Respondents Represented by: Ms. Manpreet Kaur and
Ms. Bhavna Arora, Advs. for R1 to R5.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral)
CM. NO. 12366/2013 (For Delay)
In view of the averments made in the instant application, delay in filing the instant appeal is condoned.
Accordingly, instant application stands disposed of.
MAC.APP. No.733/2013

1. Vide the present appeal, appellant has assailed the award dated 24.10.2011, whereby Ld. Tribunal has awarded compensation for an amount of Rs.13,29,150/-.

2. Pursuant to order dated 13.08.2013, Ld. Counsels named above appeared on behalf of respondent nos. 1 to 5. However, none appeared on behalf of respondent no. 6 despite service. 2014:DHC:1520 MAC.Appeal No. 733/2013

3. Ld. Counsels appearing on behalf of the parties jointly submit that the Ld. Tribunal has erred in not framing the issues. There is no discussion of the negligence and involvement of the offending vehicle and the present award is without any reason. Accordingly, they prayed that the matter may be remanded back to the concerned Tribunal with direction to dispose of the same expeditiously.

4. In view of above, award dated 24.10.2011 is set aside. Case be remanded back to the concerned Tribunal, who shall conduct a fresh enquiry after giving liberty to all the parties concerned as per law.

5. This court expect from the concerned Tribunal to conclude the enquiry as expeditiously as possible, but not beyond six months.

6. Accordingly, parties are directed to appear before the concerned Tribunal on 09.04.2014 for direction.

7. In view of above, the appeal stands disposed of. CM. Nos. 12365/2013 With the disposal of the instant appeal, instant applications have become infructous and disposed of as such.

SURESH KAIT, J. MARCH 20, 2014 jg