IN THE HI COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH O R D E R S.B. Civil Misc. Appeal No.287/2008 Raj Kumar son of Madan Lal Meena by caste Meena, 25 years, resident of Seepur Thana Ajitgarh District Sikar …Appellant/claimant Versus 1. Hemraj s/o Chhaju Ram, by caste Jat, resident of Village Jaisinghpura Thana Kotputly District Jaipur (Driver/owner) 2. Chhaju Ram son of Sheo Lal, by caste Jat, resident of village Jaisinghpura Thana Kotputly District Jaipur (owner) 3. The Oriental Insurance Company Limited, through its Divisional Manager, Divisional Manager, Sansar Chandra Road, Anand Bhawan, Jaipur ...Respondents/ claimants 16.9.2016 HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA Mr. Ram Singh Rathore for the appellant/s Ms. Bharati Trivedi for the respondent/s This civil misc. appeal has been filed against the impugned judgment and award under appeal. Brief facts of the case are that a claim petition was filed by the claimant/s with regard to an accident involved in it whereby he/they claimed compensation. Notices to the claim petition were issued to the opposite side. Written statement to the claim petition was filed. On the basis of the pleading of both the parties the learned Tribunal framed the issues. After hearing both the parties, the learned tribunal passed the impugned Judgment and award. Against the impugned judgment and award instant civil misc. appeal has been preferred. I have heard learned counsel for the respective parties and carefully scanned the entire material made available to me. Prima facie this Court is of the view that the matter is required to be re- investigated/re-enquired, therefore, certain directions need to be issued to the concerned Tribunal. Hence, this appeal is disposed of with the following directions: 1. The learned Tribunal is directed to re- enquire in the matter at its own discretion and during the course of enquiry if it finds that the claim case is based on false facts & evidence, in such circumstances, the judgment and award of the learned Tribunal shall remain as it is and if the claim case is filed on wrong facts & evidence, then an FIR shall be registered in accordance with law. 2. If during the course of inquiry, the claim case is found on true facts & evidence, in such circumstances, the impugned judgment/ award passed by the learned Tribunal deem to have been treated as quashed. The learned Tribunal after hearing both the parties shall decide the claim case afresh in accordance with law. 3. Both the parties are directed to remain present before the learned Tribunal on 5.3.2017. 4. If the claimant/s want/s to withdraw the claim case on the said date i.e 5.3.2017 or within one month from 5.3.2017 then the learned Tribunal shall permit the claimant/s to withdraw the claim case and in such circumstances the impugned judgment/ award shall be deemed to have been confirmed. The instant civil misc. appeal stands disposed of with the aforesaid directions. (MAHESH CHANDRA SHARMA)J. Sharma NK