U.P.S.R.T.C Vs. Km. Mamta & Ors.
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Head Note
Motor Vehicles Act,1988 - Section 173 , The Code of Civil Procedure, 1908 - Order XX Rule (4) , Order XLI Rule (31)
First Appeal against Order - High Court neither set out the facts of the case of the parties, nor dealt with any of the submissions urged, nor took note of the grounds raised by the appellant and not made any attempt to appreciate the evidence to find out as to whether the award of the Tribunal is legally sustainable or not and if so, how, and if not, why? - Impugned judgment also does not, satisfy the requirements of Order XX Rule 4 (2) read with Order XLI Rule 31 of the Code - Impugned judgment set aside - Case remanded to the High Court for deciding the appeal afresh on merits.
Motor Vehicles Act,1988 - Section 173
First Appeal against Order - An appeal under Section 173 of the M.V. Act is essentially in the nature of first appeal alike Section 96 of the Code - Therefore, the High Court is equally under legal obligation to decide all issues arising in the case both on facts and law after appreciating the entire evidence.
Topic(s)-MACT - First Appeal against Order - Non speaking order , Remand back