NEW INDIA ASSURANCE COMPANY LIMITED Vs. JARNAIL SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging order dated 16.2.2011, passed by learned Motor Accident Claims Tribunal, Gurdaspur, (for short the 'Tribunal') vide which application filed by the petitioner for summoning the witnesses was declined. I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned Tribunal.

(2.) Facts relevant for the decision of present revision petition are that a petition under Section 166 of the Motor Vehicle Act, 1988 (for short 'the Act') for compensation was filed by respondents-applicants on account of death of Kashmir Singh, in an accident, which had occurred on 12.12.2007 involving Bus No. PB-06-1110, being driven by Satnam Singh, respondent no. 1, owned by Sarup Singh, respondent no. 2 and insured with present petitioner, i.e., respondent no. 3. Applicants are parents, widow and minor children of deceased. The petition is pending since 13.2.2008.

(3.) Perusal of the various zimni orders passed by learned Tribunal shows that respondents no. 1 and 2 appeared through their counsel on 9.6.2008. Present petitioner-respondent no. 3 also appeared through counsel on 12.3.2009 and filed power of attorney. After written statement was filed by all the respondents, issues were framed on 6.5.2009. Even application filed by present petitioner-respondent no. 3 under Section 170 of the Act was allowed by learned Tribunal on 6.5.2009. Order dated 5.8.2009 passed by learned Tribunal shows that all the necessary documents, i.e., copy of insurance company, RC, route permit and Driving licence were already on the file. Evidence of respondents-claimants was closed on 21.7.2010 and thereafter the case was adjourned for evidence of all the respondents for 25.8.2010. However, when no witness was present on 25.8.2010, the case was adjourned to 20.10.2010. On 20.10.2010 as well, when no witness was present, the case was adjourned to 22.12.2010. On 22.12.2010, one witness was examined and the case was adjourned to 19.1.2011 for cross- examination of that witness. However, on 19.1.2011, when no witness was present, the case was adjourned to 23.2.2011. On 23.2.2011, one witness was examined and evidence of respondents no. 1 and 2 was closed. On the same day, on behalf of petitioner-respondent no. 3, some documents were tendered and, however, no other evidence was present and hence, evidence of petitioner-respondent no. 3 was closed by learned Tribunal by passing the following order:-