VIMALA Vs. BALVIR SINGH

JUDGEMENT

(1.) THESE three connected Misc. Appeals are being decided by this common order.

(2.) THE facts of the case are common and arising out of the same award. These appellants sustained injuries in an accident on 6.7.1995 and filed claim cases separately. During the course of the trial before the Tribunal the doctor who had given the disability certificate could not be examined by the appellants and due to this fact the Tribunal has disbelieved the injuries sustained by the appellants and has awarded nominal amounts of Rs. 5,000/- each in two cases and only Rs. 8,000/- to appellant Sneha, against which the appellants have preferred these appeals and prayed for remand of the case to the Tribunal of examination of the doctor.

(3.) LEARNED Counsel for appellants submitted that an many as seven cases were pending before the Tribunal arising out of the same accident. In the said accident one Durgadas Goyal died, therefore, his L.Rs. filed the Claim Case No. 154 of 1997 in which the respondent Nos. 1 and 2 were ex-parte, only the Insurance Company was contesting the case. The further submission of the learned Counsel for appellants is that he had already produced the medical evidence in Claim Case No. 154 of 1997 but could not examine the doctor in remaining claim cases to prove the injuries and disability certificate, as the Trial Court has not afforded an opportunity to the appellants to examine the doctor. His further submission is that on 22.10.1999 it was agreed between the parties to settle the case in Lok Adaiat but the matter could not be settled between the parties in Lok Adalat and on the same day when the matter was being referred to Lok Adalat the Tribunal closed the right of the appellants to lead further evidence in the matter. Therefore, the appellants could not produce the medical evidence and could not examine the doctor to prove the medical certificate and other papers of treatment.