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2006 DIGILAW 102 (JK)

Sukhdev Kumar v. Harjinder Singh

2006-04-26

J.P.SINGH

body2006
1. This appeal is directed against judgment dated 22.11.2005 of Motor Accidents Claims Tribunal, Jammu, in so far as it rejects Claims Petition No. 44/2001 titled `Sukhdev Kumar v. Jagjit Singh and Anr. 2. Sh. P. S. Chandel appearing for the appellant submits that the Motor Accidents Claims Tribunal, had been harsh in closing the evidence of the appellant, who could not appear as his own witness in the case because of reasons beyond his control. He further submits that the injuries suffered by the appellant and his inability to reach the Tribunal on the date fixed for leading evidence have not been considered by the Tribunal, which has hastened to close the evidence resulting dismissal of his claim petition. Sh. Chandel seeks opportunity for the appellant to appear as his own witness before the Tribunal and to produce such other evidence which he may produce on the date fixed for the purpose by the Tribunal. 3. Sh. D. S. Chouhan objects to the submission of learned counsel for appellant and submits that no laxity can be given to the appellant because he had failed to lead evidence, when provided opportunity in this behalf. 4. I have considered the submissions of learned counsel for the parties and gone through the records. 5. Chapter XII of Motor Vehicles Act, 1988, is a welfare legislation and aims, at providing requisite relief to those who are the victims of motor vehicle accidents. Claims Tribunals constituted under Chapter XII of the Act, are, thus, required to adopt a pragmatic rather than pedantic approach in addressing the real pinch which an injured or the dependents of a deceased suffer because of the motor vehicle accidents. Sufficient opportunity is, thus, required to be provided to an injured/dependents to prove their case. 6. Ex-debito justitiae, an opportunity is, thus, required to be afforded to the appellant to prove his case before the Tribunal. The impugned judgment, in so far as it pertains to Claims Petition No.44/2001, is set aside and Claim Petition No.44/2001 revived. The Claims Tribunals shall provide fresh opportunity to the appellant to appear as his own witness in the case and another opportunity to produce his evidence that he may like to support his claim. The Claims Tribunal shall fix two dates, one for the evidence of the appellant/claimant and the second for the statement of the appellant/claimant. The Claims Tribunals shall provide fresh opportunity to the appellant to appear as his own witness in the case and another opportunity to produce his evidence that he may like to support his claim. The Claims Tribunal shall fix two dates, one for the evidence of the appellant/claimant and the second for the statement of the appellant/claimant. After the closure of evidence of the appellant, the respondents shall be provided opportunity of leading evidence. The Tribunal is expected to decide the dispute expeditiously.