SUKHDEV KUMAR Vs. HARJINDER SINGH
LAWS(J&K)-2006-4-23
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 26,2006

SUKHDEV KUMAR Appellant
VERSUS
HARJINDER SINGH Respondents

JUDGEMENT

- (1.) THIS appeal is directed against judgment dated 22.11.2005 of Motor Accidents Claims Tribunal, Jammu, in so far as it rejects Claims Petition No. 44/2001 titled 'Sukhdev Kumar v. Jagjit Singh and Anr.
(2.) SH . P. S. Chandel appearing for the appellant submits that the Motor Accidents Claims Tribunal, had been harsh in closing the evidence of the appellant, who could not appear as his own witness in the case because of reasons beyond his control. He further submits that the injuries suffered by the appellant and his inability to reach the Tribunal on the date fixed for leading evidence have not been considered by the Tribunal, which has hastened to close the evidence resulting dismissal of his claim petition. Sh. Chandel seeks opportunity for the appellant to appear as his own witness before the Tribunal and to produce such other evidence which he may produce on the date fixed for the purpose by the Tribunal.
(3.) SH . D. S. Chouhan objects to the submission of learned counsel for appellant and submits that no laxity can be given to the appellant because he had failed to lead evidence, when provided opportunity in this behalf. I have considered the submissions of learned counsel for the parties and gone through the records.;


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