JAGSIR SINGH Vs. TEK CHAND

JUDGEMENT

(1.) The appellant Jagsir Singh suffered injuries in a road accident, which occurred at 10.00 p.m. on 11.7.1993. He thereafter filed a claim petition under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 , on the plea that the accident had taken place due to the rash and negligent driving of truck No. PB 03-2489, by respondent No. 2, Kalu Ram. Two persons, namely, Sukhpal Singh and Surjit Singh, had also been killed in the said accident. An F.I.R. was also registered under Sections 279, 337, 338, 304-A and 427 of the Indian Penal Code. The claimant accordingly claimed a sum of Rs. 7,70,000/- by way of compensation claiming that he had spent a huge amount on his treatment and had also suffered disability of 50%. The claim petition was contested by respondent No. 4 and various pleas were raised. On the pleadings of the parties, the following issues were framed :-

(2.) The Tribunal after framing the issues on 26.9.1994, fixed the case for evidence of the claimants on 22.11.1994, on which date no witness was present and the case was adjourned for the evidence of the claimant to 8.1.1995. The file was, however, taken up on 9.1.1995 as 8.1.1995 was a Sunday but no witness was present even on that date and the case was adjourned to 20.2.1995 when again no witness was present. The learned Counsel for the claimant then made a statement that only one opportunity to given to the claimant to conclude his evidence, failing which the evidence could be treated as closed. The case was then adjourned to 18.4.1995. It, however, transpired that no witness was present even non that date and resultantly the evidence of the claimant was closed and the claim petition dismissed for lack of evidence, on 18.4.1995. It is against this order that the present appeal has been filed.

(3.) I have heard the learned Counsel for the parties.