C. R. No. 6128 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : C. R. No. 6128 of 2010 Date of Decision : September 22, 2010 Surinder Singh .... Petitioner Vs. Vinod Kumar and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Karan Singh, Advocate for the petitioner. * * * L. N. MITTAL, J. (Oral) : Surinder Singh claimant has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 10.09.2010 passed by learned Motor Accident Claims Tribunal, Kaithal (Annexure P-2), thereby closing evidence of the claimant-petitioner by order in claim petition filed under the Motor Vehicles Act, claiming compensation for injuries suffered by claimant-petitioner. I have heard learned counsel for the petitioner and perused the case file. Learned counsel for the petitioner prays that only one more C. R. No. 6128 of 2010 2 opportunity may be granted to the petitioner to lead his remaining evidence at own responsibility on payment of cost. I have carefully considered the aforesaid prayer. Perusal of impugned order reveals that claimant-petitioner was granted five opportunities in all for his evidence by Claims Tribunal. The petitioner deposited diet money of one doctor witness at a belated stage and therefore, the witness could not be served as he was away for some training. Fault in this regard lies with the claimant-petitioner. However, nevertheless, in my considered opinion, ends of justice would be met if petitioner is granted one more opportunity for his evidence at own responsibility on payment of cost. I intend to dispose of the instant revision petition without issuing notice to the respondents so as to avoid further delay in the disposal of the suit and to save the respondents of the expenses, which they may have to incur in engaging counsel for the revision petition, if notice thereof is issued to them. For the reasons aforesaid, the instant revision petition is allowed and the Claims Tribunal is directed to grant only one more opportunity to the petitioner for his remaining evidence at own responsibility, subject to payment of Rs.1,000/- as cost precedent. Petitioner may take assistance of the Tribunal for summoning evidence. However, not more than one opportunity shall be granted to the petitioner C. R. No. 6128 of 2010 3 for his evidence, even on the ground of non-service of any witness or non- appearance of any witness in spite of service or on any other ground, whatsoever. September 22, 2010 ( L. N. MITTAL ) monika JUDGE