MAGANKUNWAR Vs. M.P.S.R.T.C.

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 22-11-1983 passed by the learned Member, Motor Accidents Claims Tribunal Shajapur in Claim Case No. 20 of 1980 whereby the petitioner's evidence stands closed.

(2.) THE facts giving rise to this petition are these, the claim case referred to above, is one out of the 35 claims cases pending before the Tribunal in connection with a motor accident dated 6-5-1980 initially, when the case stood adjourned to 16th and 17th June 1983 for petitioner's evidence, the learned Tribunal in absence of their evidence, rejecting the counsel's prayer for an adjournment for adducing evidence, adjourned the case for fixing a date for opposite parties' evidence. Subsequently, on 26-8-1983, the petitioners moved an application Under Section 151 CPC praying that they have kept their witnesses present and they be examined. On 10-10-1983, when the application was to be considered, the learned Member of the Tribunal was on leave and the Reader adjourned the case to 22-11-1983 for fixing the date for evidence.

(3.) THE petitioner's grievance in this petition is that 22-11-1983 was not the date of hearing of the case by the Tribunal and, therefore, though some of their witnesses were absent the Tribunal could not have ordered closer of their case. In the circumstances further opportunity for adducing evidence ought to have been given.