Remanded

Pradeep Kumar v. Narayan Lal and Ors.

Rajasthan HC26 Feb 2013CMA/116/2013

Case brief

AI extract

What is this about?

The High Court issued a callous negligence on the part of the appellant's father in failing to lead evidence in a motor accident claim. It set aside the MACT's order rejecting the claim, remanded the matter, and granted the appellant one final opportunity to lead evidence before a fixed date. Failure to appear will result in the order becoming void.

What did the court decide?

The appeal allowed; the MACT order dated 5.10.2012 set aside and the matter remanded with directions to permit the appellant to lead evidence by 21.3.2013.

Pradeep Kumar Vs Narayan Lal and Ors. — Motor Accident Claims | Rajasthan HC (2013)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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AT JODHPUR

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: J U D G M E N T :

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S.B. CIVIL MISC. APPEAL NO.116/2013

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Pradeep Kumar

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Vs.

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Narayan Lal Suthar & Ors.

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Date of Judgment :: 26.02.2013

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PRESENT

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Mr. Vippin Makkad, for the appellant. Mr. JVS Deora, for the respondents No.1 & 2. Mr. Vinay Kothari, for the respondent No.3. Mr. P.S. Solanki, for the respondent No.4.

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BY THE COURT:

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This appeal has been filed by the appellant-claimant aggrieved by the award dated 5.10.2012 passed by the Motor Accidents Claims Tribunal, Udaipur ('Claims Tribunal'), whereby the application for claim has been rejected. The claims tribunal rejected the application as the claimant failed to produce any evidence in support of his case despite several opportunities and left with no alternative, the evidence was closed and thereafter on the issue-wise, decision was rendered and in absence of any evidence, the issues were decided against the claimant.

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It is submitted by the learned counsel for the appellant that the appellant could not lead evidence for the reasons beyond his control and on that account despite suffering the permanent disablement he has not been able to substantiate his claim for compensation and, therefore, one opportunity may be granted to him to lead evidence.

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On the other hand, the learned counsel appearing for the respondents submitted that the present is not a case where indulgence should be granted, inasmuch as, several opportunities were granted to the claimant, however, he failed to lead evidence, the evidence has been closed and claim application has rightly been rejected.

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I have considered the rival submissions and perused the order impugned.

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It is an apparent case of callous negligence on the part of the father of a minor claimant, who was seeking compensation for his accident / disablement.

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However, in the peculiar facts and circumstances of the case, wherein a injured child is the claimant, it is ordered that if the claimant appears before the claims tribunal on 21.3.2013 and produces all his witnesses and documentary evidence or on any other date to which the case is adjourned by the claims tribunal, then the claims tribunal would permit the appellantclaimant to lead his evidence. If the claimant fails to lead any evidence on 21.3.2013 and seeks adjournment on that day, then it will be deemed that this order passed by this Court has not come into existence.

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With the above observations, the judgment dated 5.10.2012 passed by the Motor Accidents Claims Tribunal, Udaipur is set aside and the matter is remanded back with the above directions. No costs.

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(ARUN BHANSALI), J.

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rm/

Pradeep Kumar v. Narayan Lal and Ors.

Case brief

What is this about?

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Pradeep Kumar v. Narayan Lal and Ors.

Case brief

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