High Court of Punjab and HaryanaCR/7349/2019disposed of

Arjun Lamba v. Lilu Ram And Another

2023-04-19Ms. Justice Nidhi Gupta1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-7349-2019 (O&M) Date of decision: 19.04.2023 Arjun Lamba ..Petitioner

Versus

Lilu Ram and another ..Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present:

Mr. Pardeep Solath, Advocate for the petitioner. Mr. Rajesh K. Sharma, Advocate for the insurance company. *** NIDHI GUPTA, J (Oral) Prayer in this Revision Petition is for quashing of the impugned order dated 14.10.2019 passed by the learned Motor Accidents Claims Tribunal, Hisar vide which the evidence of the petitioner/claimant has been closed by order.

Mr. Pardeep Solath, Advocate, puts in appearance on behalf of the petitioner and files his vakalatnama, which is taken on record. Learned counsel for the petitioner submits that earlier counsel for the petitioner has joined the office of Advocate General. At the very outset, learned counsel submits that one effective opportunity may be granted to the petitioner to lead his evidence, as grave injustice will be caused to him if he is not permitted to do so. Learned counsel for the insurance company has opposed the prayer by submitting that sufficient opportunities have already been granted to the petitioner.

After hearing learned counsel for the parties and keeping in view the above facts as canvassed by ld. Counsel for the petitioner, this petition is allowed and impugned order dated 14.10.2019 is set aside. The learned Tribunal is directed to grant one effective opportunity to the petitioner to lead his evidence, however subject to payment of Rs.2000/- as costs to the respondents. However, in case the eventuality arises i.e. in case petitioner's claim petition is allowed, then petitioner/claimant shall not be entitled to interest for the period 14.10.2019 to 19.04.2023 (excluding the Covid-19 period).

Disposed of as above. Pending application, if any, also stands disposed of.

( NIDHI GUPTA ) 19.04.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2023.04.25 16:46 I attest to the accuracy and integrity of this document