Rajasthan High Court
Hazari Lal vs Bhagchan And Ors ... on 27 September, 2023
Bench: Ashutosh Kumar
[2023:RJ-JP:25537]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1118/2006
Hazari Lal S/o Shri Ram Karan, R/o Jhirana, Tehsil And P.s. Piplu,
Distt. Tonk
----Appellant
Versus
1. Bhagchand S/o Shri Kailash, R/o Alimpura, Tonk
2. Girraj Prasad S/o Shri Prahlad, R/o Bagri, Tehsil Piplu,
Distt. Tonk
3. The National Company Ltd., Branch Office 94-B, Jawahar
Nagar, Sawai Madhopur
----Respondents
For Appellant(s) : Mr.Anil Yadav for Mr.Vimal Kumar Jain
For Respondent(s) : Mr.Ganesh Joshi for Mr.SR Joshi
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
27/09/2023
1. The present miscellaneous appeal has been filed by the
appellant challenging the judgment/award dated 17th January,
2006, passed by Additional District Judge (Fast Track) No.3, Tonk
in Motor Accident Claim Case No.702/2005, whereby the claim
petition, filed by the appellant under Section 166 of the Motor
Vehicle Act, 1988, was dismissed for want of evidence.
2. The facts of the case are that the appellant filed a claim
petition in respect of the compensation in regard to the injuries
sustained by him in a road accident.
3. It is pleaded in the appeal that when the appellant was going
to his village, the respondent No.1, who was driving motor cycle
No.RJ-26-3M-0191 in a negligent manner, hit the appellant-
[2023:RJ-JP:25537] (2 of 3) [CMA-1118/2006]
claimant, whereby the appellant-claimant sustained various
injuries.
4. On the basis of the pleading of the parties, learned Tribunal
framed as many as six issues on 14.02.2005 and the matter was
placed for evidence of the appellant-claimant. The claim petition
remained pending for recording of evidence of the appellant-
claimant and the appellant-claimant was granted several
opportunities to lead evidence but the appellant-claimant failed to
produce any evidence. Therefore, evidence of the appellant-
claimant was closed on 10.01.2006. Then on 17.01.2006, an
application was also moved by the appellant-claimant for granting
one more opportunity to lead evidence and his application was
also rejected by learned Tribunal and learned Tribunal dismissed
the claim petition vide impugned judgment dated 17.01.2006 for
want of evidence.
5. Learned counsel for the appellant-claimant submitted that
the appellant may be granted one more opportunity to lead
evidence.
6. Learned counsel for the respondents has seriously opposed
the prayer made by learned counsel for the appellant-claimant.
7. Heard learned counsel for the parties and perused the
material available on record.
8. This Court finds that the claim petition was filed by the
appellant claiming compensation in regard to the injuries caused
to him in the accident, which had taken place on 28.12.2003.
9. This Court finds that the claim petition was filed in the year
2004 and several opportunities to lead evidence were given to the
appellant-claimant but no evidence was produced by the
[2023:RJ-JP:25537] (3 of 3) [CMA-1118/2006]
appellant-claimant, hence, the claim petition was dismissed for
want of evidence.
10. This Court finds that the present appeal is pending since
2006.
11. This Court further finds that the appellant-claimant failed to
avail the opportunities granted to him to lead evidence, therefore,
this Court does not find any cogent reason to allow the appeal and
remand the case back to the Tribunal for fresh adjudication.
12. Accordingly, the appeal, being devoid of merit, is dismissed.
13. This disposes of the pending application, if any, also.
(ASHUTOSH KUMAR),J
Preeti Asopa /29
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