YASHOMITRA ARORA Vs. MOOL CHAND CHOUDHARY & ORS.

JUDGEMENT

(1.) INSTANT petition has been filed by the injured claimant and it has been informed that there was 100% disability sustained by him in the alleged accident for which a claim application came to be filed by the petitioner before the MACT. After the evidence of claimant was recorded, application was filed by him to get statement of Dr. NS Bhadauria recorded but that was declined by the learned Tribunal vide order dt. 22.8.2008 on the premise that for the alleged incident of 30.11.03 claim petition was filed on 16.7.2004 and initial application U/s 140 of Motor Vehicles Act was decided on 29.11.2005 and issues were framed on 1.4.2006 and thus adequate opportunity was afforded to the claim petitioner and at the same time the claimant moved further application for taking certain medical bills on record regarding his long treatment for 100% disability sustained by him and that was also rejected by the learned tribunal vide later order dt. 23.9.2008.

(2.) COUNSEL for respondent no. 3 submits that ample opportunity was afforded to the petitioner and reasons have also been assigned by the learned Tribunal while rejecting the applications under orders impugned and in these facts & circumstances it does not require interference by this Court.

(3.) AS it reveals from the claim petition the petitioner was 42 years of age at the time of alleged incident and sustained 100% disability and certificate to this effect was also enclosed by him and statement of the doctor as medical expert was to be adduce in support of his claim application obviously to substantiate the nature of injuries sustained by him. As regards the medical bills he has undertaken the treatment for the injuries sustained and that was certainly required to be placed on record for proper computation of compensation payable to him and under these circumstances, in the opinion of this Court the orders dt. 22.8.2008 & 23.9.2008 impugned herein are not sustainable. Consequently, the writ petition succeeds and is hereby allowed. The orders impugned herein are hereby quashed & set aside and the learned tribunal is directed to take on record the medical bills filed by the petitioner and opportunity is granted to get the statement of Dr. NS Bhadauria recorded with liberty to the respondent of cross examination of the witness. Parties are directed to appear before the learned tribunal on 8.10.2012 and it is expected from the Tribunal to decide the claim petition expeditiously in accordance with law.