(O&M) Viney Goel v. Sanjay Kumar

FAO-2477-2000 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2477-2000 (O&M) Date of decision: 09.11.2017 Vinay Goel .... Appellant

Versus

Sanjay Kumar and others ..... Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN Present :

Mr.D.P.Gupta, Advocate for the appellant.

Mr. Neeraj Khanna, Advocate for respondent No.4.

**** Avneesh Jhingan, J.

The present appeal has been filed by the claimant who suffered injuries in a motor vehicular accident which occurred on 28.05.1994. He suffered injuries and those injuries allegedly resulted into amputation. The Tribunal passed the award dated 30.07.1999.

Aggrieved of the said award, the present appeal has been filed for enhancement.

During the pendency of the appeal, an application was filed for leading additional evidence. Vide order dated 23.05.2014, this Court asked for a remand report.

On receipt of the remand report, both the parties have their own version towards the report. Though, technically, the additional evidence was taken on record, since the remand report was called for, inspite of the Anju 2017.11.13 17:18 I attest to the accuracy and integrity of this document High court chandigarh

FAO-2477-2000 (O&M) -2remand report, there are certain factual matrix which needs to be gone into, as one of the grievance of the parties is that the Tribunal only considered the additional evidence.

Without expressing any opinion on the merits of the case, the matter is remitted back to the Tribunal to decide afresh after considering the entire material placed before it.

Parties are directed to appear before the Tribunal on 22.12.2017. Since the accident is of the year 1994, it would be desirable to decide the same expeditiously.

The appeal stands disposed of.

(AVNEESH JHINGAN) JUDGE 09.11.2017 anju Note:

1.Whether the order is speaking/reasoned: Yes/No 2.Whether the order is reportable :

Yes/No Anju 2017.11.13 17:18 I attest to the accuracy and integrity of this document High court chandigarh