SUSHILA DEVI Vs. ADDL DISTRICT JUDGE M A C T
LAWS(ALL)-2009-4-165
HIGH COURT OF ALLAHABAD
Decided on April 29,2009

SUSHILA DEVI Appellant
VERSUS
ADDL.DISTRICT JUDGE M.A.C.T. Respondents

JUDGEMENT

Arun Tandon, J. - (1.) PETITIONER before this Court is the wife of deceased Ishwari Prasad who is stated to have expired in a motor accident. The petitioner has initiated proceedings for compensation under Section 166 of the Motor Vehicle Act being Motor Accident Claim Petition No. 09 of 2007. The lady claimant is aggrieved by the order of the Motor Accident Claim Tribunal dated 23.03.2009 whereunder her application for leading evidence in support of her claim has been rejected after recording a finding that on nearly 30 occasion, adjournment for the purposes was granted on her request. Counsel for the petitioner submits that although it is true that adjournment was prayed for on various occasions and was granted by the Court below yet having regard to the fact that the claimant is a poor lady and despite best effort she could not lead her evidence, on the date fixed. Therefore, this Court on equitable consideration afford one last opportunity to the petitioner to lead evidence. Having heard learned counsel for the parties I am of the considered opinion that since the petitioner is the claimant and prolonging of the claim proceedings cannot be said to be in her own interest, it would be appropriate and in the interest of substantial justice to afford one last opportunity to the petitioner to lead her evidence in the Motor Accident Claim Petition. Although the order of the Tribunal is supported by cogent reason and normally should not have been interfered with by this Court yet since all Courts of law are constituted for furtherance of interest of justice and not for obstruct the same on technicalities, I provide as follows : PETITIONER may be afforded one last opportunity to lead evidence in the aforesaid Claim Petition No. 09 of 2007. For the purpose she may make an application along with a certified copy of this order before the Tribunal. Within two weeks from today. The Tribunal shall fix a date on the application to be made by the petitioner for leading evidence. The petitioner may do the needful on the date fixed. In case she fails to do so, no further application in that regard shall be entertained and the Tribunal shall proceed to decide the case without granting any further adjournment to either of the parties. In view of the aforesaid the order of the Tribunal is substituted by the directions issued as aforesaid. Writ petition stands disposed of.;


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