PARWATI (SMT.) & ORS. Vs. RAMAN LAL & ORS.
LAWS(RAJ)-2014-7-239
HIGH COURT OF RAJASTHAN
Decided on July 08,2014

Parwati (Smt.) And Ors. Appellant
VERSUS
Raman Lal And Ors. Respondents

JUDGEMENT

SANDEEP MEHTA,J. - (1.) From a perusal of the record, it is revealed that the statements of the witnesses examined by the Tribunal are not available in the file. Perusal of the impugned award shows that a number of claim applications were decided by the Tribunal by the common judgment dated 27.9.2012. In all probabilities, the evidence of the witnesses should be available in the first claim application filed before the Tribunal.
(2.) This Court has noticed in several cases arising out of multiple claims filed n relation to a single accident that the statements of the witnesses are not available in the record of each claim application. This happens because the Tribunal records evidence in a single claim and the statements of the witnesses ire attached with the said claim application only. Unless and until an appeal comes before this Court in relation to claim wherein the statements of the witnesses are recorded and attached, this Court is deprived of going through the statements of witnesses even though the record of the particular claim from which the appeal has arisen has been summoned. This causes undue delay in disposal of the claim applications and the Court is also faced with the difficulty of taking assistance of the learned Counsel for the parties for referring to the evidence of the witnesses.
(3.) This difficulty can be rectified by directing all the Motor Accident Claims Tribunals in the State of Rajasthan that whilst dealing with multiple claim applications arising out of a single accident, one set of certified copies of the statements of witnesses examined by the Tribunal in the leading claim application shall be retained in the record of each claim application. A copy of this order be placed before the Hon'ble Chief Justice for information and circulation to all the Motor Accident Claims Tribunals in the State. Order accordingly. ;


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