Judgment · High Court

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 no.2. *** Heard. Mr. K. T. Bhutia, lea.rned Senior Advocat:e appearing on behalf of the respondent No.2, submits that he has no objection to the application for amendment filed-on behalf of the appellant. Under such circumst:ances, the application stands allowed. Considering.the fact that a large number of disputed questions have now arisen that may require adducing evidence, it would be in the interest of ].ustice if the matter is remanded to t:he learned Motor Accident: Claims Tribunal, East and North Sikkim at Gangtok, for consideration. That apart, it is also fou.nd that at the time when the impugned judgment was passed by the learned Claims Tribunal, the report of the Motor Vehicles Inspect:or was not available, which is now filed with the memo of appeal. In my view, as this document involves an impo+tant aspect for consideration by the learned SGPG-1/Camp.4/High Court / 1000 Nos./13.08.2011 l{.A{.C Case No. Orders (s) with Signature (s) Claims Tribunal, having direct bearing on the outcome of the case, it would be appropriate for t:his reason also for the matter being remanded. The appellant shall file the amended claim petition before the learned Mot:or Accident: Claims Tribunal, to which the respondents shall be permitted to file replies, if so advised. It shall also be open for the parties to raise all questions as regards the mat:t:er ;.n /t.s before the learned Claims Tribunal and the learned Claims Trrbunal may consider the case de novo. However, it shall be ensured that the case is disposed of within three mont:hs and 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 Index Internet : SGPG-1/Comp.4/High Court / 1000 Nos./13.o8.2011