RAKESH PRASAD TIWARI Vs. RAMKISHORE GUPTA

JUDGEMENT

(1.) HEARD finally with the consent of counsels. Case of the petitioner is that he met with an accident with a motor vehicle (Auto Rickshaw), bearing Registration No. MP-18/T/0151. Respondents No. 1 and 2 are owner and driver of offending vehicle. The petitioner submitted a claim petition under the provisions of Motor Vehicles Act. Learned counsel submits that after closure of evidence, the claimant- petitioner could obtain a medical certificate about disability. He submitted an application for taking the same on record, as a piece of evidence, vide Annexure P-12. Prior to it, an application was submitted as contained in Annexure P-9 for directing the Medical Board, Shahdol for issuance of necessary certificate. Since, the certificate has now been obtained, the application contained in Annexure P-9 has become infructuous. The petitioner further submitted an application, as contained in Annexure P-10, for examining the concerning doctor Shri A.P. Dwivedi for proving the medical certificate which has been submitted along Annexure P-12. The petitioner submitted one more application, as contained in Annexure P-11 under Order 26 Rule 10-A, for scientific investigation regarding disability of the claimant. This application, too, has become infructuous on account of issuance of medical certificate, as revealed in Annexure P-12. Thus, applications contained Annexures P-9 and P-11 have become infructuous and the order of MACT with regard to them is not liable to be interfered with for the aforesaid reasons.

(2.) AS regards applications contained in Annexures P-10 and P-12, learned counsel for the petitioner submits that the medical certificate annexed to the application contained in Annexure P-12 is necessary for establishing the case of the claimant. Similarly, examination of doctor as per Annexure P-10, is also necessary for proving the case. Learned counsel further submitted that both the applications ought to have been allowed and their rejection has resulted in miscarriage of justice.

(3.) PERUSED the impugned order and considered the submissions.