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BABU LAL versus GAJANAND & ORS

High Court of Rajasthan

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BABU LAL v GAJANAND & ORS - CMA Case No. 2385 of 2005 [2006] RD-RJ 1802 (1 September 2006)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH JAIPUR

S.B. CIVIL MISC. APPEAL NO.2385/2005

Babulal Versus Gajanand and others

Date of Order ::: SEPTEMBER 01,2006

PRESENT

HON'BLE MR. JUSTICE PREM SHANKER ASOPA

Mr.Praveen Jain, for the appellant

Mr.Bharat Yadav) for the respondents

Dr.R.K.Sharma )

BY THE COURT

The aforesaid appeal is directed against the dismissal of the claim petition filed by the appellant vide order dated 11.7.2005 passed by the Judge, Motor Accident Claims Tribunal, Tonk in MAC Case

No.536/2005 (80/2004). It has been mentioned in the impugned order that the claimant has not led any evidence which might have resulted in allowing the claim petition.

Learned counsel for the appellant has submitted that the appellant may be allowed one opportunity to lead evidence so that justice may be done to him. Learned counsel for the respondents has submitted that the appellant was negligent and did not lead any evidence, therefore, he is not entitled for grant of any opportunity.

Considering the over all matter and more particularly, the claim petition, I deem it proper that in the interest of justice one opportunity may be allowed to the appellant to lead his evidence.

In the result, the appeal is partly allowed, the impugned Award dated 11.7.2005 is set aside and the claimant appellant is granted one opportunity to lead evidence. The Tribunal shall thereafter, decide the case afresh.

The parties are directed to appear before the Tribunal on 04.10.2006.

(PREM SHANKER ASOPA) J.

Gopal


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