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2015 DIGILAW 494 (MP)

Satish S/o Shankerlal v. Kamal Kishore S/o Vishnu Modi

2015-04-25

PRAKASH SHRIVASTAVA

body2015
ORDER : Prakash Shrivastava, J. Heard finally with consent. 2. This appeal under Section 173 of the Motor Vehicles Act is at the instance of the claimant challenging the award of the Claims Tribunal dated 13.2.2014 passed in Claim Case No.190/2010, whereby the claim case has been dismissed on the ground that the issues framed therein were not proved by the appellant. 3. In brief, the appellant had filed the claim petition before the Tribunal on the plea that he had suffered injuries on account of the road motor accident which was caused by Maruti Car No.MP09-N-2230. 4. The respondents No.1 and 2 were served in the matter and by filing the reply, they had denied the averments. Respondent No.3 was ex parte and the respondent No.4 had also contested the matter. The claim petition has been dismissed on the ground that though the appellant had filed the affidavit in examination-in-chief but he had not appeared for cross-examination, nor any witnesses were examined by the appellant in support of the plea which was raised in the claim petition. It has been noted by the Tribunal that though repeated opportunities were given but needful was not done by the appellant. 5. Learned counsel appearing for the appellant has pointed out the discharge document (Annexure P/3) disclosing that the appellant was suffering from cancer and surgical intervention was done during the relevant time to treat the cancer. He has submitted that on account of the said fact, the appellant had failed to appear before the Claims Tribunal and adduce evidence. He has also submitted that if some reasonable opportunity is given to the appellant, then the appellant will adduce all his evidence. 6. The fact that the appellant was suffering from cancer and was treated in the hospital, has not been disputed by counsel for the respondents. The material which has been placed on record before this Court reveal that the appellant was prevented from adducing the evidence before the Claims Tribunal on account of the bona fide reason. 7. In the circumstances of the case, I am of the opinion that the appellant is entitled for some reasonable opportunity to adduce evidence in support of the plea which has been raised in the claim petition. 8. 7. In the circumstances of the case, I am of the opinion that the appellant is entitled for some reasonable opportunity to adduce evidence in support of the plea which has been raised in the claim petition. 8. In these circumstances, the impugned order of the Claims Tribunal is set aside and the matter is remitted back to the claims tribunal with a direction to give some reasonable opportunity to the appellant to adduce the evidence. 9. Counsel for the appellant has fairly stated that the appellant will adduce the evidence in maximum three opportunities. 10. It will be open to the insurance company to raise the plea before the claims Tribunal that the respondent-Insurance Company may not be liable to pay the interest for the time period which has lapsed on account of the delay on the part of the appellant in adducing the evidence. 11. The appeal is accordingly disposed of. Let the original record be sent back to the Claims Tribunal immediately. 12. Parties are directed to appear before the Claims Tribunal on 6.7.2015.