MANOHAR SINGH Vs. BHANWAR SINGH AND ORS.

JUDGEMENT

(1.) The present appeal is directed against the order dtd.21.2.2002 passed by the learned Motor Accident Claims Tribunal, Rajsamand whereby the learned Tribunal has dismissed the claim of the claimant injured only on the ground that on the given date, he could not appear to produce evidence before the learned Tribunal in support of his claim despite opportunities granted to him and therefore, the claim petition deserves to be dismissed.

(2.) The learned counsel for the appellant submitted that advocate on behalf of the claimant was pursuing the claim petition and even though all the relevant documents were filed before the learned Tribunal on the given date, the appellant could not appear for the reasons beyond his control and consequently in the interest of justice, one more opportunity may be granted to him.

(3.) Having heard the learned counsels, this Court is of the opinion that interest of justice would be met if the impugned order dtd.21.2.2002 is set aside and the claim petition is restored back to the learned MACT, Rajsamand for decision afresh in accordance with law after giving an opportunity to the claimant to lead his evidence subject to payment of cost of Rs.1000/- to the respondent - Insurance Company.