S.S.SODHI, J. - (1.) ON October 9, 1982, Lachman Das is said to have been killed when his scooter was involved in accident with the Pepsu Road Transport corporation Bus PUC-3458. Amarjit Kaur his widow and his two minor sons filed an application under Section 110 of the Motor Vehicle Act seeking compensation for the loss suffered by them on account of the death of said Lachhman Das. This application was, however, dismissed with the Tribunal holding that the claimants had failed to establish that the accident had been caused due to the rash and negligent driving of the bus-driver. In arriving at this conclusion, the Tribunal took into account the failure on the part of the claimants to produce either the doctor who conducted the postmortem examination on the dead body of the deceased as also the person who lodged the first information report. The record shows that ample opportunity was indeed afforded by the Tribunal to the claimant to adduce her evidence and it was on her repeated failure to do so that her evidence was closed.
(2.) TAKING into account, however, the nature of the claim and the fact that it was being pursued merely by a widow and her two minor children, interests of justice clearly render it incumbent that one more opportunity be granted to her to adduce additional evidence particularly to examine the doctor who conducted the postmortem examination as also the person who lodged the first information report. The claimant has filed an affidavit setting-forth the name and addresses of the witnesses that she wishes to examine to complete her case on the issue of negligence. These witnesses being; Dr. K.K. Single, Ahrik Singh, Moharrir-head constable of police station Samana and Jagjit Singh.
(3.) THE Award of the Tribunal is accordingly hereby set aside with the direction that one further opportunity be given to the claimants to examine opportunity be given to the claimants to examine the witnesses, named above. This concession is being extended to the claimants on the specific understanding that if the addresses, as furnished by her are found to be wrong or incomplete, no further opportunity shall be granted to her to examine them. Let the Tribunal have these witnesses summoned and ensure that summons is in fact served upon them. The matter betaken up for hearing at an early date and it be decided thereafter as expeditiously as possible.;