Siddharth Bauddh vs M/S Shri Krashna Steel ...
2023 Latest Caselaw 3328 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       MA No. 1248 of 2022
                                   (SIDDHARTH BAUDDH Vs M/S SHRI KRASHNA STEEL FEBRICATION AND OTHERS)

                           Dated : 23-02-2023
                                 Shri Sudesh Kumar Singh- Advocate for the appellant.

                                 Shri Shrinivas Gajendragadkar- Advocate for the respondent no.3

This appeal under Section 173(1) of Motor Vehicles Act, 1988 has been filed against the award dated 25/11/2021 passed by Second Additional Motor Accident Claims Tribunal, Sewda, District Datia (M.P.) in MACC No.2/017.

The facts in brief are that the appellant is a 35 year old man and he was posted in the C.R.P.F. and was earning Rs.40,000/- per month but in a vehicular accident, he sustained grievous injuries on account which, his right leg got amputated.

I.A. No. 3318 of 2022 has been filed by the appellant under Order 41 Rule 27 C.P.C. for taking additional evidence on record.

Learned counsel for the claimant/appellant argued that the aforesaid documents were issued after passing of the judgment by learned Claims Tribunal. It is further argued that on account of amputation, his department has

gave him early retirement and in respect to the same, he wants to file documents which are essential to decide the matter judiciously and ascertaining the claim amount, therefore, the application be allowed and the matter be remanded back to the learned Claims Tribunal for taking additional documents on record.

O n the other hand, learned counsel for the respondent no.3/Insurance Company has vehemently opposed the prayer made by counsel for the appellant and prayed to rejection of application. Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 01-03-2023 03:30:30 PM

Heard the learned Counsel for the parties. The application is duly supported by affidavit. In the considered opinion of this Court in order to do complete justice, I.A. No.3318/2022 is allowed. The matter is remitted back to the Claims Tribunal for limited purpose of taking additional evidence in respect to the documents filed alongwith this application. Let this exercise be completed within a period of three months from the date of appearance of the parties before the Tribunal.

The learned Tribunal shall take additional evidence only in respect to the documents filed by the appellant/claimant with the application after giving opportunity to the opposite party (Insurance Company) for cross-examination

and evidence in rebuttal, if the Company seeks to produce.

The parties are directed to appear before the Tribunal on 21/03/2023 and thereafter, as directed by the learned Claims Tribunal.

The office is directed to immediately send back the record of the Claims Tribunal alongwith the copy of this Order.

List the case on 20/06/2023.

(SUNITA YADAV) JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 01-03-2023 03:30:30 PM