Citation : 2022 Latest Caselaw 4351 Jhar
Judgement Date : 1 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 81 of 2016
(National Insurance Co. Ltd., Dhanbad Vs. Sumitra Devi & Ors.)
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CORAM: - THE HON'BLE DR. JUSTICE S.N.PATHAK For the Appellant : Mr. Alok Lal, Advocate For the Respondents :
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12/ 01.11.2022 It has been very fairly submitted by Mr. Alok Lal, learned counsel appearing for the appellant that already an amount of Rs.3.50 lakh as per the direction of this Court has been disbursed and the rest amount is lying with the learned Tribunal. Learned counsel placing reliance on the judgment of Hon'ble Apex Court in case of Bimlesh & Ors. Vs New India Assurance Co. Ltd. [(2010) 8 SCC 591] submits that all the issues involved in the claim case ought to have been decided by the learned Tribunal before passing the final order.
This Court finds that though the order was passed by the learned Tribunal but reasons have not been assigned and no clear cut finding has been given and claim case has been decided in piecemeal.
In view of the legal propositions laid down by the Hon'ble Apex Court, it would be proper and suffice to remit the matter back to the learned Tribunal for passing the final order after deciding the issues framed.
However, since no one has appeared for the respondents, in order to given one more chance, list this case on 16.11.2022.
(Dr. S.N. Pathak, J.) kunal/-
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