GIRJA NAND Vs. SUMEER KASHYPA AND OTHERS

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India is directed against the order passed by the learned Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahar, H.P. on 20.7.2015, whereby evidence of the petitioner came to be closed.

(2.) Issues in this case were framed on 6.1.2015 and thereafter the matter was ordered to be listed for the evidence of the petitioner on 2.5.2015. On 2.5.2015, no witnesses were present and on that very day, petitioner was directed to produce his evidence on self responsibility on 5.6.2015. On 4.6.2015, no witness was present and the matter was adjourned to 20.7.2015 for recording the statements of PWs to be produced on self responsibility. On 20.7.2015, two witnesses were present and examined, but since the other witness sought to be examined by the petitioner were not present, therefore, the learned Tribunal declined to grant any further opportunities on the ground that if was the last opportunity.

(3.) It is against this order that the present petition has been preferred on the ground that the order passed by the learned Court below is harsh and oppressive and that there was no deliberate or intentional default on the part of the petitioner in not examining the witnesses. I have heard the learned Counsel for the parties and have gone through the records of the case.