THE HON'BLE SRI JUSTICE T. AMARNATH GOUD
CIVIL MISCELLANEOUS APPEAL No.357 of 2021
JUDGMENT :
This appeal is filed questioning the order dated 18.03.2021 passed by the Chairman, Motor Accident Claims Tribunal-cum- Principal District Judge, R.R. District in I.A.(SR).No.1323 of 2021 in MVOP.No.109 of 2017.
2. Heard.
3. The trial Court has closed the evidence of appellant on the ground that he was not present on several occasions. It is the case of the appellant that due to unforeseen reasons, he could not attend the Court and submits before this Court that he is having good case to succeed on merits.
4. It is not the case of the appellant that he is helpless and is not having means to pursue with his counsel about the Court proceedings. This kind of casual approach of appellant towards Judicial proceedings cannot be appreciated. Though the appellant has failed to give appropriate reasons for his absence, this Court feels that it is a fit case for giving an opportunity to him for proceeding with the case on merits, by imposing some costs, to make the appellant co-operate with the Court proceedings.
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5. Therefore, this appeal is allowed setting aside the impugned order of the trial Court, on the condition that the appellant shall deposit costs of Rs.1,00,000/- (Rupees One Lakh) within four weeks from today, in favour of Telangana High Court Advocates' Association. The matter is remitted to the trial Court for fresh disposal on merits, by continuing with the evidence of appellant.
Pending miscellaneous applications, if any, shall stand closed.
________________________ T. AMARNATH GOUD, J.
Date: 07.09.2021 N.B. :
C.C. to Telangana High Court Advocates' Association.
(b/o) ajr