In a civil miscellaneous appeal, the High Court dismissed the appeal, holding that the lack of evidence on both sides severely handicapped the tribunal's ability to determine a different compensation figure than the award already made.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CIVIL MISC. APPEAL No. 285 of 1997
BABU KHAN V/S
Mr. KRISHNA CHAND for Mr. MRIDUL JAIN, for the appellant Mr. JAGDISH VYAS, Mr.SANJEEV JOHARI, Mr.N K RASTOGI, for the respondent
Date of Order : 13.7.2009
HON'BLE SHRI N P GUPTA,J.
JUDGMENT
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Heard learned counsel for the parties.
The present is a case, which is a glaring example of utmost callousness by both the sides before the learned Tribunal so also by the learned Tribunal as well. The claimants had not led any evidence except the words of mouth. The disability certificate produced is contrary to the injury report and even the statement given by the claimant. No material has been produced about the other expenditure incurred, even about the period of hospitalisation. So far the respondents are concerned, they have not even cared to cross-examine the claimant on any material aspect whatever. Since after settlement of issues, on one date of hearing, the claimant examined himself and closed his evidence, and on very day the defendant also closed their evidence, and arguments were heard, and judgment was dictated, this Court is seriously handicapped to arrive at any other figure of compensation to be awardable than one awarded by the learned Tribunal.
The appeal thus, has no force, and is, therefore, dismissed.
/tarun/
Babu Khan
Mr. Mridul Jain
N P Gupta
As recorded by the court registry
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