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a reasoned Award will have the appearance of Justice and an application of mind by a Court of Law/Tr

Raj Kumar Makkad ,
  29 May 2010       Share Bookmark

Court :
High Court of Karnatka
Brief :
Award of Compensation by MACT - Object of passing a reasoned award - Whether the award of Tribunal is a valid award in law as not complying with requirement of being a reasoned award?
Citation :
Oriental Insurance Company Limited v. N. Balaganesan and E.S. Balakrishna (Decided on 05.05.2010) MANU/TN/0459/2010

Held, that an unreasoned Award may be just, but may not appear to be so to the individual affected. Per contra, a reasoned Award will have the appearance of Justice and an application of mind by a Court of Law/Tribunal. The object of passing a reasoned Award is to project an impression that the rival contentions of the parties are taken note of by the Tribunal or by a Court of Law. A Court of Law/Tribunal will have to determine the points for consideration, the decision thereon and the reasons assigned for arriving at a particular decision. The main object is to raise the points for determination, which is meant to clear up the pleading and focus the attention of the Tribunal and of the litigants on the specific and divergent contentions which crop up for rumination. In short, the Award of the Tribunal/Court of Law must reflect that the Tribunal had appreciated the issues involved in the subject matter, applied its mind and most importantly decided on considering the evidence on record. Merely awarding a particular sum under a certain head will not suffice. In short, the Tribunal must take up for consideration all the points that arise for determination in a Claims Petition pertaining to the compensation. Appeal allowed.


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Published in Civil Law
Views : 1257