Sukhminder Singh @ Sukhwinder Singh v. Vijay Kumar @ Baresh Kumar And ORS.

C.R. No. 7334 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 7334 of 2015 Date of decision:- 03.11.2015 Sukhminder Singh @ Sukhwinder Singh

...Petitioner

Versus

Vijay Kujmar @ Baresh Kumar & others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Ashwani Arora, Advocate for the petitioner.

RITU BAHRI J.(Oral) Claimant/Petitioner (for short 'petitioner') has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 03.09.2015 (P-1) passed by Motor Accidents Claim Tribunal, Mohali.

Learned counsel for the petitioner has referred to summon report whereby doctor was served through Centration Registration Department, PGI, Chandigarh and a clerk namely Anuradha had received the summon on behalf of doctor on 25.08.2015. Inspite of that the learned Tribunal in impugned order had wrongly observed that the petitioner did not collect dasti summons and produced the doctor and the petitioner had taken four opportunities to serve doctor.

A perusal of the summon report clearly shows that doctor had been served through Clerk.

GAURAV ARORA 2015.11.06 16:04 I attest to the accuracy and integrity of this document

C.R. No. 7334 of 2015 -2In view of the above, order dated 03.09.2015 (P-1) passed by Motor Accidents Claim Tribunal, Mohali is hereby set aside and the instant revision petition is allowed and the trial Court is directed to give one effective opportunity to the petitioner to examine Dr. Rajesh Chhabra to prove the disability of the petitioner.

November 03, 2015 ( RITU BAHRI ) G Arora JUDGE GAURAV ARORA 2015.11.06 16:04 I attest to the accuracy and integrity of this document