HARJIT KAUR Vs. JASWINDER SINGH AND ORS

JUDGEMENT

(1.) This is an appeal against the dismissal of claim petition of the appellant brought under the provisions of section 166 of the Motor Vehicles Act, 1988 (for short 'the Act'). Harjit Kaur, the appellant sought compensation under the aforesaid provisions for the death of her husband Pavittar Singh that took place on account of the injuries suffered in the road side accident on 17.06.2002. The claim petition has been dismissed by learned Motor Accidents Claims Tribunal, Gurdaspur (for short 'the Tribunal') for want of evidence, which was closed by it vide order dated 07.11.2008. Since the order of dismissal on account of closure of evidence is challenged, the facts are not necessary to be noticed here.

(2.) Learned counsel for the appellant has contended that during the course of proceedings of the claim petition, the insurance Company filed an application under section 170 of the Act seeking permission to take the pleas available to the owner and driver of the offending vehicle. According to him, that application was allowed vide order dated 06.11.2008. He has further submitted that after allowing that application, the claim petition was adjourned to 07.11.2008, the very next day and it was said to be last opportunity and as no evidence could be produced on 07.11.2008, the evidence of the claimant was closed by order and consequently for want of evidence, the petition was dismissed.

(3.) Learned counsel for the appellant has further submitted that the unholy haste in which the Tribunal took the step of closing the evidence of the claimant was not justifiable in any manner. According to him, issues were framed only on 17.04.2008 and thereafter the case was adjourned to 08.05.2008. On 08.05.2008, one witness was examined.