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Rajasthan High Court · body

2011 DIGILAW 2715 (RAJ)

Yogesh Kumar v. Pushpendra Kumar

2011-12-09

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—Despite service, none has appeared on behalf of the respondents. 2. The only reason for which the claim petition was dismissed was that the sole witness i.e. claimant himself despite filing affidavit did not appear for witness in cross-examination and therefore the Tribunal held that no evidence has been led by him. Issues No.1 & 4 were decided against the claimant for the reason that he failed to adduce evidence. Evidence of NAW1 HKG Motwani was accepted because counsel for the claimant failed to cross-examine him. 3. Having regard to the facts aforesaid, it is considered appropriate to grant one more opportunity to the claimant to adduce his evidence before the Tribunal for that purpose. 4. Therefore, the award dated 15/11/2003 passed by the Motor Accident Claims Tribunal, Kekdi, District Ajmer is set-aside and the matter is remanded to the Tribunal. Tribunal shall call upon the non-claimants adjudicating the claim petition with liberty to the parties to adduce their evidence. The appeal is disposed of.