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2023 DIGILAW 281 (RAJ)

Indra Lal Sain v. Deepchand Yadav

2023-01-24

MAHENDAR KUMAR GOYAL

body2023
ORDER : Mr. Mahendar Kumar Goyal, J. - This writ petition is directed against the order dated 10.10.2019 passed by learned Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur (for brevity, "the learned Tribunal") in Claim Application No.202/2016 whereby, an application filed by the petitioner/claimant for opening his evidence has been dismissed. 2. The relevant facts in brief are that the petitioner filed a claim petition against the respondents/non-claimants seeking compensation under section 166 of the Motor Vehicles Act, 1988 (for brevity, "the Act of 1988") on account of injuries and permanent disablement suffered by him in the road accident dated 27.02.2016 wherein, when after availing a number of opportunities, the petitioner did not lead his evidence and on his failure to deposit a cost of Rs.1,000/- imposed by the learned Tribunal vide its order dated 28.11.2018, the same was closed by the learned Tribunal vide order dated 26.04.2019. An application for its reopening has been dismissed by the learned Tribunal vide order dated 10.10.2019, impugned herein. 3. Learned counsel for the petitioner submits that on account of his illness, he could not produce his evidence. He prays that the petitioner may be granted only one opportunity to lead his entire evidence. Learned counsel further submits that the petitioner shall not claim interest on the amount of compensation, if any, for the period in between 26.04.2019 and the date he is permitted to lead his evidence. He, therefore, prays that the writ petition be allowed, the order dated 10.10.2019 be quashed and set aside and he may be granted an opportunity to lead his evidence. 4. None appears for the respondents despite service. 5. Heard. Considered. 6. Although, the learned Tribunal has committed no error in closing evidence of the petitioner; but, in view of the fact that matter pertains to the claim petition filed by the petitioner under section 166 of the Act of 1988 seeking compensation on account of injuries and permanent disablement suffered by him in a road accident and in the interest of justice, this Court deems it just and proper to grant him one opportunity to lead his evidence. 7. In view thereof, this writ petition is allowed in following terms:- "(i) The orders dated 10.10.2019 as also 26.04.2019 passed by the learned Tribunal in Claim Case No.202/2016 are quashed and set aside. 7. In view thereof, this writ petition is allowed in following terms:- "(i) The orders dated 10.10.2019 as also 26.04.2019 passed by the learned Tribunal in Claim Case No.202/2016 are quashed and set aside. (ii) The petitioner is granted an opportunity to lead his entire evidence either on the next date fixed before the learned Tribunal or within a period of 15 days thereafter if the learned Tribunal so directs. (iii) The aforesaid opportunity is subject to deposition of a cost of Rs.1,000/- by the petitioner with the Legal Aid, Jaipur Metropolitan in terms of order dated 28.11.2018 passed by the learned Tribunal. (iv) The petitioner shall file an undertaking before the learned Tribunal before leading his evidence that he shall not claim interest on the amount of compensation, if any, for the period in between 26.04.2019 to the date on which he leads his evidence. (v) The respondents shall also be at liberty to lead their evidence if they so desire."