SACHIN RAVINDRAN Vs. NAEEM

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby the claim petition was dismissed on the ground that the appellant has not been able to prove the negligence of the driver of the offending vehicle.

(2.) THE learned counsel for the appellant submits that the driver of the offending truck appeared in the witness box as R1w1 on 26th August, 2008 but he could not be cross- examined by the learned counsel for the appellant who had noted down a wrong date and, therefore, could not appear before the learned Tribunal on 26th August, 2008. However, learned counsel for the appellant filed an application dated 30th August, 2008 before the learned Tribunal for recalling of R1w1 for cross-examination and the learned Tribunal fixed the said application for 2nd September, 2008. The learned counsel for the appellant further submits that the learned Tribunal passed the impugned award on 1st October, 2008 without disposing of the appellant's application on 2nd September, 2008 and, therefore, the impugned award may be set aside and case may be remanded back to the learned Tribunal.

(3.) LEARNED counsel for respondent Nos. 1 and 2 does not dispute the fact that the impugned award has been passed without disposing of the appellant's application dated 30 th August, 2008 for recalling the R1w1 for cross-examination.