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High Court of Punjab and HaryanaCR/2079/2026disposed of

Dharambir v. Naveen & Others

2026-04-08Mr. Justice Yashvir Singh Rathor3 pages

- 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 08.04.2026 DHARAMBIR ....PETITIONER

VERSUS

NAVEEN & OTHERS ...RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present :

Mr. Susheel Gautam, Advocate for the petitioner. YASHVIR SINGH RATHOR. J.(Oral) CM-7330-41-2026 The instant application has been moved under Section 151 of CPC for placing on record zimni orders as Annexure P-6 passed by the learned Trial Court. Allowed as prayed for.

Annexure P-6 is ordered to be taken on record, subject to all just exceptions. Registry is directed to tag the same at an appropriate place. Application stands disposed of.

CR-2079-2026 1.

This revision petition is directed against the order dated 09.02.2026 (Annexure P-5) passed by the Court of learned Motor Accident Claims Tribunal, Sonepat (hereinafter referred to as 'Tribunal'), in MACP No. 105 of 2024, vide which the evidence of the petitioner/claimant has been ordered to be closed. 2.

In view of the nature of the order proposed to be passed, issuance of notice to the respondents is dispensed with, as it would only delay the proceedings and cause unnecessary expenditure to the said respondents. 3.

I have heard the learned counsel for the petitioner/revisionist and

- 2have gone through the material on record.

4.

Before proceeding further, the impugned order dated 09.02.2026 is reproduced as under:

"The perusal of the file shows that number of opportunities including the last as well as last and final opportunity with cost have already been granted to the petitioner. So, no further adjournment is justified. Hence petitioner's evidence is closed. Now case is adjourned to 16.02.2026 for respondents evidence at own responsibility". 5.

Learned counsel for the petitioner/revisionist contended that he had met with a serious road accident on 21.02.2024 with a truck and his right hand got crushed. Learned counsel further contended that while a temporary disability certificate was issued on 10.12.2024, doctors have orally opined that the disability is permanent in nature. Learned counsel next contended that the learned Tribunal refused to accept the application for reassessment of disability and closed the evidence on the same day. Learned counsel contended that the impugned order is harsh and will cause irreparable loss to the petitioner, especially as the Motor Vehicles Act is a beneficial piece of legislation meant for the benefit of the victim and adequate opportunities should be given to lead evidence. 6.

A perusal of the record shows that the Tribunal has afforded adequate opportunities to the petitioner/claimant to lead evidence. However, initially the doctors had assessed the disability to be temporary and now, as per version of the claimant, he is suffering from permanent disability. He moved an application before the Tribunal for getting his permanent disability assessed from the Board of Doctors but the Tribunal ordered the closure of evidence to be led by the claimant. However, the impugned order vide which evidence has been ordered to be closed

- 3is harsh and will have far-reaching consequences. The Motor Vehicle Act is a beneficial piece of legislation meant for the benefit of the victims of the road accidents. It is the duty of the Tribunal to assess and award just compensation and the Tribunal is also required to get the disability of the claimant assessed. In addition to this, claimant also intends to tender in evidence the final report under Section 173 of Criminal Procedure Code, 1973 and certain other documents which will help the Tribunal in arriving at a just conclusion. 7.

Accordingly, in the interest of justice, the impugned order dated 09.02.2026 is hereby set aside and the Tribunal is directed to refer the case of the claimant to the Office of Civil Surgeon and get his disability assessed and thereafter, provide him an opportunity to prove the disability certificate, if any, by summoning the concerned Medical Officer. He shall also be permitted to tender the documents including report under Section 173 Cr.P.C. which he intends to lead in evidence.

8.

In view of the aforesaid discussion, the present petition stands disposed of.

9.

Pending misc. application (s), if any, shall also stand disposed of. 08.04.2026 (YASHVIR SINGH RATHOR) Vishal Vardhan JUDGE Whether speaking/reasoned. :

Yes/No Whether reportable :

Yes/No