Allowed

Manish Saini S/O Harilal Saini v. Noormohammad S/O Sufedsa Khan

Rajasthan HC9 May 2023CMA/433/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an appeal filed by a claimant seeking to adduce evidence afresh, condoning a significant delay. It set aside the Tribunal's dismissal order and remanded the matter for a fresh hearing after two opportunities to produce evidence.

What did the court decide?

Set aside impugned order; appeal allowed; matter remanded for fresh hearing after two evidence opportunities; cost Rs. 25,000 imposed.

Manish Saini S/O Harilal Saini Vs Noormohammad… — Execution and Attachment | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 433/2021

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Manish Saini S/o Harilal Saini, R/o Upla Sonava, Scheme No. 8, Alwar, Tehsil And District Alwar.

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----Appellant-Claimant

¶5

Versus

¶6

Noormohammad S/o Sufedsa Khan, R/o Village Karauli Khalsa, Thana Ramgarh, District Alwar. (Driver Of Vehicle No. Rj-02-Sc-7798)

¶7

Lalchand S/o Panchuram, R/o Ronija Jat, Tehsil Lakshmangarh District Alwar. (Registered Owner Of Vehicle No. Rj-02-Sc-7798)

¶8

Lakshman S/o Kundan, R/o Ronija Jat, Tehsil Lakshmangarh, District Alwar. (Buyer Of Vehicle No. Rj02-Sc-7798)

¶9

Soyab Khan S/o Nasru Khan, R/o Village Jamalpur Thana Lakshmangarh District Alwar. (Owner Of Vehicle No. Rj02-Sc-7798)

¶10

The New India Insurance Company Ltd., In Front Of Childrens Hospital, Near Bijli Ghar Ka Churaha Alwar Through Manger (Insurance Company)

¶11

----Respondents

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For Appellant(s) : Mr. Mohit Gupta, Adv. For Respondent(s) : Mr. Sanjay Kumar Singhal, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

09/05/2023

Heard.

Application under Section 5 of Limitation Act is allowed for the reasons mentioned therein and delay of 469 days in filing the appeal is condoned.

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(2 of 3) [CMA-433/2021]

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The instant civil miscellaneous appeal under Section 173 of the Motor Vehicle Act has been preferred by the claimant/appellant (for short “the claimant”) aggrieved with the judgment and order dated 07.08.2019 passed by Motor Accident Claims Tribunal, Alwar (for short “the Tribunal”) in claim petition No.562/2015(CIS No.3600/2015), whereby the Tribunal has dismissed the claim petition filed by the claimant.

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The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record. After hearing counsel for the parties, the Tribunal dismissed the claim petition filed by the claimant.

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Learned counsel for the claimant submits that due to unavoidable reasons, the claimant could not adduce the evidence before the Tribunal. So, in the interest of Justice, appeal be allowed with cost and the claimant be allowed to adduce the evidence before the Tribunal so that the claimant can prove his case.

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Learned counsel for the for the respondents/non-claimants (for short “the non-claimants”) has opposed the arguments advanced by learned counsel for the claimant and submitted that the Tribunal had given ample opportunities to the claimant for adducing the evidence, but despite imposition of cost, the claimant failed to adduce the evidence before the Tribunal. So, the Tribunal has rightly dismissed the claim petition filed by the claimant. So, the appeal being devoid of merit, is liable to be dismissed.

¶23

[CMA-433/2021]

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(3 of 3)

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I have considered the arguments advanced by learned counsel for the claimant as well as learned counsel for the nonclaimant.

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It is an admitted position that despite ample opportunities given by the Tribunal, the claimant failed to produce any evidence. So, the Tribunal rightly dismissed the claim petition. But in the interest of Justice, appeal filed by the claimant deserves to be allowed.

¶27

Accordingly, appeal filed by the claimant is allowed. The judgment and order dated 07.08.2019 passed by the Tribunal is set-aside subject to payment of cost Rs.25,000/- by the claimant with the Rajasthan State Legal Services Authority, Jaipur and the matter is remanded back to the Tribunal to decide the claim petition afresh after giving only two opportunities to the claimant for adducing the evidence.

¶28

Both the parties are directed to appear before the Tribunal on 25.05.2023.

¶29

Pending application(s), if any, stand(s), disposed of.

¶30

(NARENDRA SINGH DHADDHA),J

¶31

Gourav/39

Manish Saini S/O Harilal Saini v. Noormohammad S/O Sufedsa Khan

Case brief

What is this about?

What did the court decide?

Manish Saini S/O Harilal Saini v. Noormohammad S/O Sufedsa Khan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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