KULBHUSHAN KUMAR RISHI Vs. KULWANT SINGH

JUDGEMENT

(1.) This will also dispose of C.R. No. 2004/88, as the question involved is common in both the cases. Vide impugned order dated 18th August, 1988, Motor Accident claims Tribunal, Ropar dismissed the application filed by the claimants for producing the medical evidence. Earlier vide order dated 29th July, 1988, the evidence of the claimants was closed as no evidence of theirs was produced on that day nor were the costs of Rs. 20/- paid.

(2.) Learned counsel for the petitioner submitted that the costs could not be paid on that day as the proxy counsel appearing for the claimants was not in a position to make the payment. In any case, argued the learned counsel another opportunity should have been allowed to produce the medical evidence, as it was an injury case where the claim had been made by the petitioner and the medical evidence was vital for that purpose.

(3.) After hearing the learned counsel, the claimants are allowed to lead their medical evidence at their own responsibility on payment of a sum of Rs. 200/- as costs i.e. Rs. 100/- in each case.