ORDER 1. Heard finally with the consent of counsels. Case of the petitioner is that he met with an accident with a motor vehicle (Auto Rickshaw), bearing Registration No. MP-18/T/0151. Respondents No. 1 and 2 are owner and driver of offending vehicle. The petitioner submitted a claim petition under the provisions of Motor Vehicles Act. Learned counsel submits that after closure of evidence, the claimant petitioner could obtain a medical certificate about disability. He submitted an application for taking the same on record, as a piece of evidence, vide Annexure P-12. Prior to it, an application was submitted as contained in Annexure P-9 for directing the Medical Board, Shahdol for issuance of necessary certificate. Since, the certificate has now been obtained, the application contained in Annexure P-9 has become infructuous. The petitioner further submitted an application, as contained in Annexure P10, for examining the concerning doctor Shri A.P. Dwivedi for proving the medical certificate which has been submitted along Annexure P-12. The petitioner submitted one more application, as contained in Annexure P-11 under Order 26 Rule 10-A, for scientific investigation regarding disability of the claimant. This application, too, has become infructuous on account of issuance of medical certificate, as revealed in Annexure P12. Thus, applications contained Annexures P-9 and P-11 have become infructuous and the order of MACT with regard to them is not liable to be interfered with for the aforesaid reasons. 2. As regards applications contained in Annexures P-10 and P-12, learned counsel for the petitioner submits that the medical certificate annexed to the application contained in Annexure P-12 is necessary for establishing the case of the claimant. Similarly, examination of doctor as per Annexure P-10, is also necessary for proving the case. Learned counsel further submitted that both the applications ought to have been allowed and their rejection has resulted in miscarriage of justice. 3. Shri Sanjay Agrawal, learned counsel for respondent No.3, opposed the petition. He submits that both the applications having been filed after closure of the claimant's evidence, were rightly rejected by the learned MACT. 4. Perused the impugned order and considered the submissions. 5. Learned MACT has assigned the reason that a last opportunity was granted to the claimant-petitioner for evidence. Accordingly, learned claims Tribunal has found that the claimant-petitioner was not entitled for further opportunity of evidence.
4. Perused the impugned order and considered the submissions. 5. Learned MACT has assigned the reason that a last opportunity was granted to the claimant-petitioner for evidence. Accordingly, learned claims Tribunal has found that the claimant-petitioner was not entitled for further opportunity of evidence. Accordingly, applications contained in Anexure P-10 and P-12 have been rejected by the learned trial Court. 6. It be seen that the evidence of the claimant-petitioner was going on which is apparent from the fact that evidence was closed by the learned MACT by the same impugned order. Thus, the learned MACT has not properly appreciated the gravity of the important right of the parties to produce the necessary evidence. From perusal, the proof of medical certificate submitted along with Annexure P-12, appears to be necessary for the just decision of the case and the same ought to have been taken on record in evidence of the claimant-petitioner. The medical certificate annexed to Annexure P-12 is also required to be proved by the claimant and in order to establishing the same an opportunity ought to have been granted to the claimant to prove it by calling the concerning doctor. Since, respondents had not adduced any evidence by them, there could not have been an occasion of causing any irreparable loss to them. They could have been compensated with cost. 7. Accordingly, this Court is of the view that the learned MACT, Umaria has acted with illegality in rejecting the applications contained in Annexures P-10 and P-12. The impugned order, to this extent, is set aside on cost of Rs. 1,000/- (Rupees one thousand). Learned MACT is directed to take on record the medical certificate annexed to the application Annexure P-12, as a piece of evidence, on behalf of the claimant-petitioner, who is to be given an opportunity for proving the same by summoning and examining the concerning doctor. 8. The petition thus, stands partly allowed in above mentioned terms. No order as to costs.