OM. KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This is an appeal arising out of the award of the Motor Accident Claims Tribunal, whereby the claim application of the appellant was dismissed on the ground that no evidence had been led by him in support of the claim application inspite of many opportunities having been given to him for producing the evidence. The evidence was ordered to be closed on May 23, 1987.

(2.) The appellant had filed a civil revision in this Court being civil revision No. 2441 of 1987 against the order of Tribunal closing the appellant's evidence. In the said revision petition, notice of motion was issued on Aug. 17, 1987 and it was further ordered that the final order be not passed. It seems that this order was not conveyed to the Tribunal and the Tribunal passed the final order dismissing the claim application of the appellant on Aug. 20, 1987. Since the final order had been passed by the Tribunal, the revision petition was dismissed as in-fructuous leaving the appellant to raise the point in the appeal.

(3.) Learned Counsel for the appellant has submitted that infact, the evidence of the appellant was wrongly closed by the Tribunal inasmuch as the appellant was in the Military Hospital during all that period and also on the date when the evidence was closed. He further submits that the claim application of the appellant was consolidated with two other claim applications which had arisen out of the same accident. After some evidence had been led by the claimants in the other claim applications, respondents had compromised the matter with them and thus those claim applications become in-fructuous in the sense. Learned Counsel for the appellant submits that if opportunity had been given to the appellant to lead evidence, he would have been able to prove that the accident had been caused by the negligence of both the bus driver as well as the truck driver.