Sikkim High Court
MAC App./8/2011 of Suraj Subba Vs Smt. Suk Rani Subba on 26 April 2012
a ZJdr,I Orders (s) with Signature (s) BEFORE HON'BLE MR. JUSTICE S. P. WANGDI, JUDGE 26.04. 12 Present : Mr. N. Rai, Senior Advocate with Mr. Jiwan Kharga and Ms. Jyoti Kharka, Advocates for the appellant. Mr. K. T. Bhutia, Senior Advocate with Mr, Bhupendra Giri, Advocate for the respondent
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Orders (s) with Signature (s)
BEFOREHON'BLE MR. JUSTICE S. P. WANGDI, JUDGE
26.04.12 Present : Mr. N. Rai, Senior Advocate with Mr. JiwanKharga and Ms. Jyoti Kharka, Advocates forthe appellant.Mr. K. T. Bhutia, Senior Advocate with Mr,Bhupendra Giri, Advocate for the respondentno.2.***
Heard.
Mr. K. T. Bhutia, lea.rned Senior Advocat:e appearingon behalf of the respondent No.2, submits that he has noobjection to the application for amendment filed-on behalfof the appellant. Under such circumst:ances, theapplication stands allowed.
Considering.the fact that a large number ofdisputed questions have now arisen that may requireadducing evidence, it would be in the interest of ].ustice ifthe matter is remanded to t:he learned Motor Accident:Claims Tribunal, East and North Sikkim at Gangtok, forconsideration. That apart, it is also fou.nd that at thetime when the impugned judgment was passed by thelearned Claims Tribunal, the report of the Motor VehiclesInspect:or was not available, which is now filed with thememo of appeal. In my view, as this document involvesan impo+tant aspect for consideration by the learned SGPG-1/Camp.4/High Court / 1000 Nos./13.08.2011
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Orders (s) with Signature (s)
Claims Tribunal, having direct bearing on the outcome ofthe case, it would be appropriate for t:his reason also forthe matter being remanded.
The appellant shall file the amended claim petitionbefore the learned Mot:or Accident: Claims Tribunal, towhich the respondents shall be permitted to file replies, ifso advised. It shall also be open for the parties to raiseall questions as regards the mat:t:er ;.n /t.s before thelearned Claims Tribunal and the learned Claims Trrbunalmay consider the case de novo. However, it shall beensured that the case is disposed of within three mont:hsand not later than that.
The M.A.C. Appeal accordingly stands disposed of.Records of the trial Court be sent back forthwith.
26.04.2012
IndexInternet :
SGPG-1/Comp.4/High Court / 1000 Nos./13.o8.2011