NARDESHWAR PRASAD MISHRA Vs. ASHA SAXENA

JUDGEMENT

(1.) THIS is an appeal against the award given by the Motor Accident Claims Tribunal (Second Additional District Judge), Azamgarh allowing the application Under Section 110-A. and awarding a sum of Rs. 240,000/- by way of compensation against defendants 1 to 4. The main submission of the appellants is that they were not given proper opportunity to defend the matter before the Claims Tribunal and although and application was moved by the newly engaged counsel for adjournment on the ground that he could not prepare the case, the same was rejected and the court proceeded to decide the matter expaite.

(2.) FROM the judgment, it is apparent that the claim petition was filed some time in 1985 and a lot of time was taken by the defendants in filing their written statements. Ultimately recording of evidence was commenced on 10.5.1989 when P.W. 1 was examined. Defendants 2 were present through counsel at the time of direct examination of the witness. An application was moved for adjournment on which 17.5.1989 was fixed to enable the appellant to cross examination witness on the adjourned date again an application for adjournment was moved on behalf of Defendants Nos. 1 and 2 on the ground that defendant No. 1 was busy in connection with a marriage in the family. That application was also allowed making a specific direction that the parties should come prepared to complete the cross-examination and for further proceedings on 23.6.1989. The court also imposed a cost of Rs. 20/- for the said adjournment. On 23.5.1989, again an application was moved, this time by a newly engaged counsel and it was prayed that some other date may given. The application was rejected by the court and thereafter after P.W. 1 had been cross examined by defendant No.4, the court proceeded make the award.