Bhupinder Devi and Others vs Lakhvir and Others

Alok Singh, J.—Present petition is filed challenging the order dated 19.08.2010 passed by learned Motor Accident Claims Tribunal, Rohtak, whereby claimants-Petitioners'' evidence was directed to be closed.

From the material available on the record, it is revealed that witnesses No. 3 and 6, as shown in the list of witnesses, were duly served through summons to appear as a witness, however, they failed to appear before the despite of the due service. It is also clear from the record that bailable warrants were also issued to the witnesses No. 3 and 6. However, despite of service of bailable warrants witnesses failed to appear before the Court and Court instead of taking coercive step against the witnesses, closed the evidence of the claimants-Petitioners herein by the impugned order.

In the opinion of this Court, present petition can be disposed of at the admission stage without any notice to the Respondents. This Court is of the further opinion that issuing notice to the Respondents shall cause unnecessary delay in the trial of the claim petition, hence, this Court proposes to decide this petition without notice to the Respondents.

Keeping in mind, the golden rule that none of the party should be given walk over and lis between the parties, as far as possible, should be decided at its own merit after granting sufficient opportunities to both the parties to place on record entire evidence and material, I direct that learned Tribunal shall fix a date for the claimants'' evidence and the learned Tribunal shall ensure presence of the witnesses No. 3 and 6 by coercive steps for the date fixed.

Petition stands disposed of accordingly.