NITIN Vs. RADHIS

JUDGEMENT

(1.) THE appellant/claimant has filed this appeal under Section 173 of Motor Vehicles Act against the award passed by the Claims Tribunal, Dhar in Claim Case No. 05/1996 whereby the Tribunal granted only a sum of Rs. 23,836.85 paise along with 12% interest.

(2.) THE submission of Mr. D.D. Vyas, learned Sr. Counsel is that an opportunity to examine the doctors on commission was not granted by Tribunal and the applications were dismissed without any valid reason. The medical certificates were already on record. On 11.7.1996 before the Tribunal he had filed an application for recording the evidence of Government Doctor Sarvate from Bhoj Government Hospital, Dhar on commission and had filed another application dated 23.11.1996 by which he wanted to produce the another doctor to prove the disability certificate, which was rejected. He further submitted that on account of the injury the claimant's Spleen was removed and for proving the aforesaid disability the Tribunal has not granted any opportunity and dismissed the application, therefore, this is a fit case for remand.

(3.) THEREFORE , in view of the aforesaid submissions and in view of the aforesaid fact that the Court has rejected both the explanations without assigning any valid and cogent reasons. This appeal is allowed. The impugned award passed by the Tribunal is set aside. The case is remitted to the M.A.C.T., Dhar to record the evidence of Doctors and for that necessary steps shall be taken by the Tribunal either to call them in the Court or to examine on Commission. Tribunal to dispose of the case finally within four months.