Smt.Krishna And Ors vs Zakir Husain And Anr
2022 Latest Caselaw 7209 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 3837/2011

1 Smt.krishna Verma (A.N.M.) Widow of Late Badri Lal Barber, age 58 years 2 Amardeep Barber S/o Lalte Shri Badri Lal Barber, age 27 years 3 Miss Chanchal D/o Late Shri Badri Lal Barber, age 24 years All are resident of G-13, Santosh Nagar, Gali No.3, Gayariyavas, Udaipur

----Appellant Versus 1 Zakir Husain S/o Noor Mohammed, B/c Muslim R/o Village Talab Gaon, P.S. Hindoli, District Boondi (Raj.) (Driver/Owner of truck No.RJ141G 1631) 2 Oriental Insurance Co. Ltd. Udaipur through Branch Manager, Udaipur (Insurance co. Of the Truck)

----Respondent

For Appellant(s) : Mr. Anuj Sahlot For Respondent(s) : Mr. D.K. Joshi

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

13/05/2022

This appeal has been filed by the appellants-claimants whose

claim filed under Section 166 of the Motor Vehicles Act has been

dismissed on account of non-production of evidence.

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the appellants submits that appellant

No.1 is widow of Late Badri Lal, who died in road accident, for

which, she along with other legal heirs had filed claim petition.

When claim petition was fixed for producing claimants' evidence,

the same could not be produced on account of non-information by

(2 of 2) [CMA-3837/2011]

their counsel. Appellants are poor persons and the provisions are

in nature of welfare legislation. It is also submitted that for

considerable time, the post of Presiding Officer in the Tribunal

remained vacant. In the interest of justice, he prays to set aside

the impugned judgment and remand the case to the Tribunal for

inquiry.

Learned counsel for the respondents submits that evidence

was closed on 26.09.2008, which order has not been challenged

separately or in this appeal. Appellants have been provided

sufficient opportunity to lead their evidence, however, they have

failed to produce evidence without any reason.

Having regard to the submissions made by counsel for the

parties and in the facts and circumstances of the case, this Court

deems it just and proper to give fresh opportunity to the

appellants-claimants to lead their evidence.

Consequently, the impugned judgment dated 13.10.2008

passed by the Additional District Judge (Fast track) No.4, Udaipur

in Claim Case No.196/06 is set aside. The case is remanded back

to the learned Tribunal with the direction that after providing

reasonable time to lead evidence to both the parties, the claim

shall be decided expeditiously on merits.

Accordingly, this appeal is allowed.

Record be send back to the Tribunal.

(RAMESHWAR VYAS),J 20-Taruna/-

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