Raj Kumar v. Anuj Saraf & Ors

ORDER '/o

28.11.2011 ;f This Appeal relates to a motor accident which took place on 29.03.2008. The Claim Petition was filed before the Tribunal on 30.07.2008; the pleadings were completed on 13.10.2008; issues were framed on2.12.2008. 21.01.2009 was the first date of evidence. Appellant was given last opportunity to produce the evidence on the next date. On the next date, the Presiding Officer of the Tribunal was on leave. On 2I.04.2009 the case was fixed for Appellant's evidence on 11.05.2009. On 11.05.2009 it was represented by the counsel for the Appellant that the Appellant was not available as he was suffering from headache. The submission did not find favour with the Tribunal resulting closure of the Appellant's evidence and dismissal of the Claim petition. . Learned counsel for the Appellant has produced before me the original record of -,! Lok Nayak Jai Prakash Hospital which shows that the Appellant had sufferedfracture of occipital bone with hemorrhagic convulsion. Unfortunately, the record was not produced before the Tribunal. The Tribunal thus believed that the Appellant was not interested in the progress of the Claim Petition. In the circumstances of the case, some more time ought to have been given to the Appellant for production of his evidence. The impugned award dated 11.05.2009 is accordingly set aside and the case is remanded back to the Tribunal for its decision on merits in accordance with law. MAC.APP. 317/2009 Page I of 2 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. The Appellant shall be granted only two opportunities to produce his evidence before the Tribunal. The parties are directed to appear before the Tribunal on 20.12.2011. Trial Court Record be returned immediately along with the copy of the order. Copy of the order may also be given to the counsel for the parties DASTI. i" NovEMBER 2l.zorr vk -\1 r[Ac.APP. 317/2009 2/&-

G.P. MITTAL, J.

/ $-4 * IN THE HIGH COURT OF DELHI AT NEW DELHI MAC.APP . 3t7 /2009 RAJ KUMAR ..... Appellant Through: Mr. R.D.Sharma, Adv. versus ANUJ SARAF & ORS. ..... Respondent Through: Mr. Nikhil Majitghia, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE G.P. MITTAL