LAWS(RAJ)-2010-11-192

MOTI DEVI Vs. CHHOTE AND ORS.

Decided On November 03, 2010
Moti Devi Appellant
V/S
Chhote and Ors. Respondents

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner -claimant has beseeched to set aside the order dated 13th February, 2007, whereby the Motor Accident claims Tribunal, Rajgarh, District Alwar declined to take salary certificate on record. Having heard learned counsel for the parties and carefully perused the impugned order as also the relevant material on record, it is noticed that the deceased Ramkripal Meena was working as Beldar in Central Public Works Department, who died in an accident.

(2.) Learned counsel for the petitioner canvassed that the claimant Moti Devi being uneducated and illiterate could not file the salary certificate of her husband along with the claim petition. Learned trial court has not assigned any reason for not taking the document on record. Hence, the impugned order, in the interest of justice, deserves to be set aside.

(3.) Learned counsel for the respondent contended that the petitioner did not file this certificate along with the claim petition and she did not give any reason as to why was the same not produced with the claim petition earlier.