- (1.) Application is allowed and exemption is granted from filing certified copy of claim petition (Annexure P-4). Civil Misc. No. 12652-CII of 2011 Application is allowed and claim petition (Annexure P-4) is taken on record. Civil Revision No. 5815 of 2010 Present revision petition has been filed against the impugned order dated 31st August, 2010 passed by the Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as, - the Tribunal'), whereby application filed by the claimant seeking permission to lead additional evidence was dismissed. It was pleaded in the application that Manish son of the petitioner had died in an accident. The accident was caused by an Indica car but under the wrong impression the eye-witness namely Vikas in the FIR had stated that the offending vehicle was a Maruti Alto. It was further stated that Nahar Singh, investigating officer had also recovered an Indica car and due to inadvertence the investigating officer could not be examined. Therefore, a prayer was made that the petitioner be permitted to examine Nahar Singh, ASI by way of additional evidence. It was urged before the Tribunal that during investigation it had come on record that the accident was caused by the Indica car and that car was also taken into possession by the investigating officer.
(2.) The trial Court had declined the prayer for leading additional evidence on the ground that the fact that examination of the investigating officer is necessary, was already in the knowledge of the claimant and therefore, at a subsequent stage he cannot make such a prayer.
(3.) Vide a separate Civil Misc. application, the claim petition has been taken on record as Annexure P-4. A perusal of the claim petition reveals that it was specifically stated therein that the accident was caused by the offending vehicle bearing registration No. HR-55-ET- 0183. Furthermore, it was also stated that regarding the accident, a case FIR No. 277 dated 04.08.2007 was registered at Police Station Udyog Vihar, Gurgaon under Sections 279 and 304A IPC.;