JYOTI Vs. TEJBIR

JUDGEMENT

(1.) THE petitioners, herein, are the claimants in MACT No. 95 of 2013/2012. They closed their evidence in affirmative, but afterward, they filed application for additional evidence for exhibiting the autopsy report of the deceased -Deepak, predecessor -in -interest of the petitioners, as also, for examination of investigating officer. This application was opposed by the respondents. After hearing both the sides, the Tribunal vide order dated 25.11.2013 (Annexure P -3) dismissed the application. Aggrieved against the same, the petitioners, who are the claimants before the Tribunal have filed the present revision with prayer for acceptance, thereof and for acceptance of their application for additional evidence.

(2.) LEARNED counsel for the petitioner mainly contended that the application was wrongly dismissed by the Tribunal and, therefore, the same may be allowed by acceptance of the present revision.

(3.) THE Tribunal observed in the impugned order that the postmortem can be taken into consideration, even without exhibiting it, because the proceedings under the Motor Vehicles Act are summary in nature. Regarding examination of investigating officer, the Tribunal rightly concluded that the investigating officer cannot prove the negligence of the respondent No. 1 in driving the offending vehicle in a rash and negligent manner, as indubitably, he was not present at the time of accident. So, the fate of the case will not be improved through the examination of the investigating officer, in the case Under Section 304 -A IPC, that was registered against the respondent No. 1, regarding the accident, wherein, the predecessor -in -interest of the petitioners had died.