RAM SAHAI Vs. DHAN SINGH

JUDGEMENT

(1.) This appeal arises out of the award dated 17.2.1995 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur City, Jaipur in MACT No. 523/90 whereby claim of the appellant was rejected.

(2.) Learned Counsel appearing on behalf of the appefflSht has submitted that the claim of the appellant was dismissed on the ground that the appellant did not appear in the witness box for leading evidence before the learned Tribunal. The learned Counsel for the appellant has submitted that the reason has been mentioned in ground (d) of memo of appeal wherein it has been explained the reason on account of which he could not appear before the learned Tribunal. Learned Counsel for the respondent Insurance Company has been very cooperative and said that he has no objection in case the matter is remanded to the learned Tribunal in the interest of justice so as to give opportunity to lead evidence before the learned Tribunal.

(3.) In view of the aforesaid and in the interest of justice, I deem it just and proper taking into consideration the reasons mentioned in ground (d) of memo of appeal and also in view of the fact that no prejudice would be caused to the respondent if the Claim Petition No. 523/1990 if remanded to the learned Tribunal for decision in accordance with law after affording an opportunity to lead evidence to appellant claimant. The claim will be decided within a period of three months of the production of this order before the learned Tribunal. The appellant is directed to appear before the learned Tribunal and furnish necessary process fee and notice for the non-applicants. No order as to costs.