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2012 DIGILAW 244 (RAJ)

Manohar Singh v. Bhanwar Singh

2012-02-01

VINEET KOTHARI

body2012
JUDGMENT 1. - The present appeal is directed against the order dated 21.2.2002 passed by the learned Motor Accident Claims Tribunal, Rajsamand whereby the learned Tribunal has dismissed the claim of the claimant injured only on the ground that on the given date, he could not appear to produce evidence before the learned Tribunal in support of his claim despite opportunities granted to him and therefore, the claim petition deserves to be dismissed. 2. The learned counsel for the appellant submitted that advocate on behalf of the claimant was pursuing the claim petition and even though all the relevant documents were filed before the learned Tribunal on the given date, the appellant could not appear for the reasons beyond his control and consequently in the interest of justice, one more opportunity may be granted to him. 3. Having heard the learned counsels, this Court is of the opinion that interest of justice would be met if the impugned order dated 21.2.2002 is set aside and the claim petition is restored back to the learned MACT, Rajsamand for decision afresh in accordance with law after giving an opportunity to the claimant to lead his evidence subject to payment of cost of Rs. 1000/- to the respondent - Insurance Company. 4. Accordingly, this appeal is allowed and the impugned award dated 21.2.2002 in claim case No.371/1999 - Manohar Singh v. Bhanwar Singh and ors is set aside and the matter is restored back to the learned Tribunal for decision afresh in accordance with law. The claimant may appear before the learned Tribunal in the first instance on 12.3.2012 and thereafter the learned Tribunal shall decide the same within a period of 6 months. The record of the trial Court may be sent back.Appeal Allowed. *******