Alok Sharma, J. - (1.) A challenge has been made to the order dated 02.04.2014 whereby the Motor Accident Claims Tribunal, Jaipur Metropolitan, Jaipur (hereinafter "MACT") has dismissed the application filed by the petitioner-non-claimant (hereinafter "the non-claimant") in proceedings under Section 166 of the Motor Vehicle Act, 1988 for calling the doctor, who had issued the disability certificate to the respondent No.1- claimant (hereinafter "the claimant"), as in evidence as a witness.
(2.) Subsequent to the closure of the claimant's evidence, the non-claimant immediately, in the first instance on 02.04.2014, moved the application for calling of the doctor, who issued the disability certificate to the claimant on 28.03.2012 as a witness. The MA CT oddly on the same day by a cryptic and unreasoned order dismissed the said application. It is trite that every judicial order should be a reasoned order with reference to the facts and law obtaining in a given case. This is absent in the present case. The Presiding Officer concerned is cautioned to more careful in the exercise of his judicial function.
(3.) Counsel for the claimant submits that the medical certificate issued by a Doctor in the SMS Medical College and Hospital, Jaipur would be admissible in evidence and its contents taken as a fact proved as the certificate is in the nature of public document. It is submitted that the claim of the claimant is to be determined on the issue of compensation primarily on the basis of disability of the claimant. The certificate of disability has been issued in respect of an accident of 15.10.2009 on 28.03.2012 after a delay of about three years by a Doctor who did not admittedly treat the claimant and is a highly suspicious document. He submitted that in the circumstances, it is in the interest of justice that the Doctor issuing the disability certificate by put to cross-examination.;