LAWS(HPH)-2015-5-189

REETA DEVI Vs. JINDU RAM AND ANOTHER

Decided On May 26, 2015
Reeta Devi Appellant
V/S
Jindu Ram And Another Respondents

JUDGEMENT

(1.) This petition is instituted against Order dated 7.4.2015 rendered by learned Motor Accident Claims Tribunal Bilaspur in MAC petition No. 24-2 of 2013.

(2.) "Key facts" necessary for the adjudication of the present petition are that respondent No. 1 filed a claim petition under Section 166 of the Motor Vehicles Act for the grant of compensation of '5.00 Lakh. Respondent No.1 has received injury on 10.8.2010. He was 55 years old and earning Rs. 9,000 per month. Claim petition was contested. Following issues were framed on 7.4.2014:

(3.) Statement of the claimant was recoded on 12.12.2014 and statements of remaining two witnesses namely Neem Chand and Rajpal were recorded on 2.1.2015 and the claimant's evidence was closed. Case was listed on 25.2.2015 for the entire evidence of the petitioner on taking steps within 5 days. On 25.2.2015 also evidence was not led by the petitioner. Matter was listed for 11.3.2015. On 11.3.2015, no evidence on behalf of the petitioner was led and matter was ordered to be listed on 7.4.2015 for entire evidence of the petitioner on his self-responsibility as a last opportunity. However, fact of the matter is that even on 7.4.2105, no evidence was produced by the petitioner. Evidence of the petitioner was closed and matter was ordered to be listed for recording evidence of the respondent No. 2.