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2016 (2) TMI 1337 - SC - Indian LawsClaim of compensation for the death of one Raj Kumar Gautam, who died in a vehicular accident - Sections 140 and 166 of the Motor Vehicles Act, 1988 - HELD THAT:- The powers of the first appellate Court while deciding the first appeal are indeed well defined by various judicial pronouncements of this Court and are, therefore, no more res integra. A three-Judge Bench decision of this Court in MADHUKAR AND OTHERS VERSUS SANGRAM AND OTHERS [2001 (4) TMI 922 - SUPREME COURT], wherein it was reiterated that sitting as a court of first appeal, it is the duty of the High Court to deal with all the issues and the evidence led by the parties before recording its findings. An appeal under Section 173 of the M.V. Act is essentially in the nature of first appeal alike Section 96 of the Code and, 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. As a first appellate Court, it was the duty of the High Court to have decided the appeal keeping in view the powers conferred on it by the statute - appeal allowed in part.
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