Civil Revision No. 691 of 2009 (1) In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 691 of 2009 (O&M) Date of decision : 6.2.2009 Akhtar Hussain ..... Petitioner vs Kabir and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Aman Pal, Advocate, for the petitioner. Rajesh Bindal J. Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside order dated 12.12.2008 passed by the Motor Accident Claims Tribunal, Gurgaon (for short, “the Tribunal”), whereby application of the petitioner for additional evidence was dismissed by the Tribunal. For the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondents, as the same would unnecessarily delay not only the disposal of the present petition but also the claim petition as well. Learned counsel for the petitioner submitted that the petitioner has lost his father in the accident and he was seriously injured which occurred due to the rash and negligent driving of respondent no.1. The petitioner along with other claimants had filed claim petition in which evidence is going on. However, on 30.9.2008, due to some reasons, the petitioner could not reach the court in time and got late and his evidence was closed by the Tribunal by order. He further submitted that in case one opportunity is granted, the petitioner will complete his entire evidence on the date already fixed. The facts submitted by the learned counsel for the petitioner are borne out from the record. Considering the totality of circumstances and the fact that the petitioner claimant will suffer injustice because of the reason which was beyond his control, in my opinion, it is a fit case where the petitioner deserve to be granted one more opportunity to lead evidence. The case is fixed for hearing before the Tribunal on 11.2.2009. Civil Revision No. 691 of 2009 (2) Accordingly, while setting aside the impugned order dated 12.12.2008, closing the evidence of the petitioner by order of the Tribunal, the learned Tribunal is directed to grant one opportunity to the petitioner for completing his evidence on the date already fixed i.e. 11.2.2009. The petitioner shall be at liberty to get summons issued for any official witness. It is, however, made clear that no further opportunity shall be granted to the petitioner in case he fails to complete his entire evidence on the date fixed. The revision petition is disposed of in the manner indicated above. Copy of the order be given dasti on payment of ususal charges. 6.2.2009 ( Rajesh Bindal) vs. Judge