Civil Revision No. 5828 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No. 5828 of 2009
Date of decision: 25-11-2009
Gurvinder Singh and another Versus Munish Singh and another
CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA
Present: Shri J.S.Cooner, Advocate, for the petitioner.
Mrs. Vandana Malhotra, Advocate, for the respondent
HEMANT GUPTA, J.
Challenge in the present petition is to the order passed by
Motor Accident Claims Tribunal, dated 2.9.2009 whereby evidence of the
petitioners was closed by order.
The petitioners are legal heirs of deceased Gurmeet Singh who
died in a motor vehicle accident on 3.1.2008. It is pointed out that Sucha
Singh, eye witness, was to be examined in the court but he could not appear
when the case was called though he came to the court after the case was
adjourned. The application filed by the petitioner to lead additional
evidence was declined on 16.9.2008 even though counsel for the respondent
had no objection for such evidence.
The petitioners are dependents of the deceased Gurmeet Singh
who died in motor vehicles accident on 3.1.2008. The Tribunal have to take
pragmatic approach in dealing with such case where the claimants are
helpless, financially weak, dependent and are not possessed of sufficient
means to contest the petition under Section 166 of the Motor Vehicles Act,
1988
Civil Revision No. 5828 of 2009 2
In view of the above, the orders dated 2.9.2009 and 16.9.2009
passed by the learned Motor Accident Claims Tribunal, Panchkula are set
aside. Petitioners are permitted to examine the witnesses. The Tribunal
shall provide necessary assistance to cause appearance of any such witness,
if sought, by the petitioners.
Civil Revision is disposed of accordingly.
(HEMANT GUPTA)
JUDGE
November 25, 2009
RSK