DASHRATH YADAV Vs. RAJA

JUDGEMENT

(1.) In this petition, under Article 227 of the Constitution of India, the petitioner is assailing the order dtd. 8/7/2022 (Annexure P-2) passed in M.A.C.C.No.1424/2017 passed by Member 14th Motor Accident Claims Tribunal, Bhopal; whereby the petitioner's right to adduce evidence has been closed.

(2.) Learned counsel for the petitioner contended that the petitioner has filed an application before the Motor Accident Claims Tribunal, Bhopal under sec. 166 of the Motor Vehicles Act claiming compensation to the tune of Rs.24,50,000.00. Vide order dtd. 8/7/2022 MACT has closed the right of the petitioner/claimant to adduce evidence. The Court closed the right of claimant on the ground that despite of several opportunities granted to adduce evidence and even after imposing cost of Rs.500.00 as a last indulgence, the claimant could not turn up.

(3.) Learned counsel further contended that because of the lockdown due to corona pandemic, he shifted to his village and as his mobile was not working, therefore, he could not contact to his Advocate. Under these circumstances, he could not appear before the Court and the proceedings of the trial court became delayed. Since the right has been closed, irreparable loss would be caused to the petitioner. It is further submitted that the petitioner is ready and willing to deposit cost for restoring his right to adduce evidence on the next date of hearing.