CMPMO 181 of 2008. 28.7.2008 Present: Mr. S.D.Sharma, counsel for the petitioner. This is the claimant’s petition against the order passed by learned Motor Accident Claims Tribunal (II), Shimla, on 26.5.2008, closing the right of the petitioner to lead evidence. The order makes a strange reading. Summons had been sent for service of Dr. Pawan Thakur which were received back unserved with the report that he has been transferred. The adjournment sought for was opposed on technical grounds. The doctor being in government service was not within the control of the petitioner to have been produced in Court. The Court should have been alive to this situation. Adopting a technical approach merely as adjournment is prayed is not commended. In these circumstances, this petition is allowed. The order dated 26.5.2008 is quashed and set aside. The parties to appear before the learned Court below on 10.9.2008. Needless to add that the petitioner shall be given a reasonable opportunity to produce her evidence. Pending application(s) shall stand disposed of. July 28, 2008 (PC). (Dev Darshan Sud), J.