JAGAR NATH THAKUR Vs. TIRTHESH AND ORS.

JUDGEMENT

(1.) THE Appellant, Jagar Nath Thakur, who is alleged to be the owner and driver of the offending vehicle No. DL -8SN -3142, has preferred this Appeal, challenging the impugned award dated 29.06.2010 passed by the Motor Accident Claims Tribunal(the Claims Tribunal). In the written statement filed before the Claims Tribunal, the Appellant disputed the involvement of his vehicle in the accident. He took up the plea that while he was passing near Zakhira Flyover, he noticed a crowd and he stopped his two wheeler to see as to what happened. A lady was lying on the road with fatal injuries sustained in a motor vehicle accident caused by some unknown vehicle. He was falsely implicated in this case.

(2.) THE Appellant has taken the plea that he was not given sufficient opportunity to lead evidence before the Claims Tribunal. This Claim Petition was instituted on 15th May, 2008. The Claimant's evidence was completed on 19th May, 2010 and 02.06.2010 was the first date fixed for the Appellant. The evidence was closed as no witness had been summoned. The Trial Court record reveals that sufficient opportunity was not granted to the Appellant to prove his case.

(3.) THE parties are directed to appear before the Claims Tribunal on 09.10.2012.