SUNIL @ JASWANT Vs. SATISH KUMAR & OTHERS

JUDGEMENT

(1.) The instant appeal is directed against the order dated 22.10.2011 passed by Motor Accident Claims Tribunal, Kishangarhbas, in Claim Petition No.65/2008.

(2.) It is contended that the appellant got injured on 23.12.2007 when he was going along with his cousin on a motorcycle. On account of rash and negligent driving by one tractor bearing no.RJ 2R 5576 which was being driven at fast speed, hit the vehicle of the appellant by which he got seriously injured. FIR was also lodged. However, the Tribunal has dismissed the claim petition. It is contended by the counsel for appellant that the order of Tribunal is perverse and deserves to be quashed and set aside as the appellant appeared on 13.10.2011 but his evidence was closed and no opportunity was granted despite the appellant appeared along with the witnesses. He contended that in the interest of justice one last opportunity in the facts and circumstances deserves to be allowed to the appellant to lead the evidence, and prima facie case is in his favour.

(3.) On the contrary, counsel for the respondents contended that it is a finding of fact recorded by the Tribunal that since 2011 he continuously sought time and on one occasion cost was imposed and even then evidence was not led and, therefore, there is no occasion for granting another opportunity to him. Even otherwise he contended that nothing has been placed on record of the Tribunal and it is a false and frivolous claim.