1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. Civil Cross Objection No. 35/2013 S.B. Civil Misc. Appeal No.284/2010 S.B. Civil Misc. Stay Application No. 198/2010 (ICICI Lombard General Insurance Versus Smt. Kamla & Ors.) DATE OF JUDGMENT : 8.04.2015 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Ajay Kumar Tanenia, counsel for the cross objector(s) Mr. Virendra Agarwal, counsel for Insurance Co. Since both these appeal and the cross objection relate to one incident and arise out of the common judgment and award passed by the learned Tribunal, hence the arguments have been heard together and they are being decided by this common judgment. At the very outset, learned counsel for the appellant submits that the learned Tribunal while passing the impugned judgment and award has not taken into consideration the grounds which he has raised by way of aforesaid appeal(s). The finding of learned Tribunal on issue no.3 is contrary to the material available on record. Thus, the impugned judgment and award passed by the learned Tribunal qua aforesaid issue(s) be quashed and set aside and the matter should be remanded to the learned Tribunal with the direction to decide the matter afresh qua aforesaid issue(s) in the light of grounds which he has raised by way of aforesaid appeal(s). He has further contended that since the appeal has not been admitted, as such the cross objections filed by the Cross Objectors being not maintainable, deserves to be dismissed. On the other hand, learned counsel for the Cross Objectors has opposed the arguments of 2 learned counsel for the appellant(s). He has further contended that if this Court is going to remand the matter, in such circumstances, the Tribunal should be directed to decide the matter afresh qua aforesaid issue after giving opportunity of hearing to them also and they should also be given liberty to file the cross objections again, if need so arises. I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned judgment and award. In my considered view, the learned Tribunal while passing the impugned judgment and award has not appreciated the facts of the case and the grounds raised by the learned counsel for the appellant(s) by way of aforesaid appeal(s) in a proper manner and passed the impugned judgment and award surreptitiously. Thus, the impugned judgment and award passed by the learned Tribunal needs interference by this court. In the result, the appeal(s) is/are partly allowed; the impugned judgment and award passed by learned Tribunal qua aforesaid issue(s) is quashed and set aside and the matter is remanded to the Tribunal with the direction to decide the matter afresh qua aforesaid issue(s) as early as possible, in the light of grounds raised by the learned counsel for the appellant(s) by way of the aforesaid appeal(s) and the judgment(s) 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 directed to appear before the learned Tribunal on 30.9.2015. However, it is made clear that if any amount has been received by the claimant(s) under the impugned award, the same shall not be recovered from him/them till disposal of the claim petition by the learned Tribunal afresh. 3 Since the appeal has not been admitted, as such the Cross objections are dismissed being not maintainable. However, the cross objectors are granted liberty to file the cross objections again, if need so arises. Stay application also stands disposed of accordingly. (MAHESH CHANDRA SHARMA)J. DK All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed. Dilip Khandelwal PA