Allowed

Bharat Lal Meena v. Ashok Kumar Sharma and Anr.

Rajasthan HC17 Jul 2018CMA/1184/2018

Case brief

AI extract

What is this about?

This appeal challenged an award dismissing a compensation claim for a motor accident. The appellant sought an opportunity to lead evidence denied due to a delay in obtaining a disability certificate. The High Court allowed the appeal, set aside the award, and remanded the case for an opportunity to lead evidence.

What did the court decide?

Impugned award dated 25.11.2017 set aside. Tribunal directed to grant one opportunity to the appellant to lead evidence and proceed according to law.

Bharat Lal Meena Vs Ashok Kumar Sharma and Anr. — Insurance | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 1184/2018

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Bharat Lal Meena S/o Shri Poonya Ram Meena, R/o Village Gwaraki, Tehsil Mahuwa, Distt. Dausa Through Next Friend Ghanshyam Meena S/o Poonya Ram Meena Brother Of Injured Age 35 Years, R/o Village Gwaraki, Tehsil Mahuwa, Distt. Dausa Raj.

¶4

----Appellant

¶5

Versus

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Ashok Kumar Sharma S/o Ramprasad Sharma, B/c Brahmin, R/o Village Bhandana, Police Station Sadar Dausa, Distt. Dausa Raj. Driver Vehicle Car No. RJ 29 CA 2873

¶7

Kaluram Jangid S/o Ramkishore Jangid, B/c Jangadi, R/o Village Ramsar, Police Station Ramgarh Pachawara, Tehsil Ramgarh Pachawara, Distt. Dausa Raj. Registered Insured Owner Of Vehicle Car No. RJ 29 CA 2873

¶8

The New India Insurance Company Ltd. Through Branch Manager, Branch Office, Near Poonam Cinema, Lalsot Road Dausa, Distt. Dausa Raj. Insurance Company Vehicle Car No. RJ 29 CA 2873

¶9

----Respondents

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For Appellant(s) : Mr. Buddhi Prakash Sharma For Respondent(s) : Mr. Gaurav Jain

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HON'BLE MRS. JUSTICE SABINA

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Judgment / Order

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17/07/2018

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Appellant has filed this appeal challenging the award dated 25.11.2017 passed by the Tribunal, whereby, claim petition filed by the appellant, was dismissed.

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Learned counsel for the appellant has submitted that the Tribunal after closing the evidence of the appellant by order had dismissed the claim petition filed by the appellant. Appellant be granted one opportunity to enable him to lead his evidence. Appellant could not

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(2 of 2)

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[CMA-1184/2018]

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conclude his evidence as there was delay in issuing the disability certificate by the Board of Doctors in favour of the appellant.

¶19

Learned counsel for respondent no.3 has opposed the appeal.

¶20

Appellant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation on account of injuries suffered by him in the motor-vehicle accident which had occurred on 3.8.2016.

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Although, Tribunal had granted opportunity to the appellant to lead his evidence but the appellant could not conclude his evidence, consequently, evidence of the appellant was closed by order. Appellant had suffered multiple injuries on various parts of his body, as is evident, from the medico legal examination report available on record. Appellant had suffered three fractures on his skull. Claim petition was filed by the brother of the appellant on his behalf. A perusal of the medico legal examination report of the appellant also shows that he was unable to speak.

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In the facts and circumstances of the present case, it would be just and expedient to grant one opportunity to the appellant to enable him to conclude his evidence.

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Accordingly, this appeal is allowed. Impugned award dated 25.11.2017 is set aside. Tribunal is directed to grant one opportunity to the appellant to enable him to lead his evidence and thereafter, shall proceed with the case in accordance with law. Parties are directed to appear before the Tribunal on 6.8.2018.

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(SABINA),J

¶25

Mohita/76

Bharat Lal Meena v. Ashok Kumar Sharma and Anr.

Case brief

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Bharat Lal Meena v. Ashok Kumar Sharma and Anr.

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