^^ HIGH COURT OF CHHATTISGARN AT BiLASPUR Wrst Petitjon (Art.227) No.SSSO of 2010 Petitioner Smt.Sakun Devi Agrawai W/o. Shri Appljcant . • Durga Prasad Agrawal, aged about 48 years, Occupation-Grih Vyavsay, R/o. VSJJage Pendra, P.S. Pendra, Dsstt.Biiaspur (C.G.) Resporsdents Non-appSIcants V^rsu3 1. Krishna S/o. Shri Tajju Slngh Gond, R/o. Nevasa Bartoia, P.S. Pendra RoadGaurela, Dlstt.BiSaspurC.G. 2. Ramesh Chandra A.grav^al • R/o MurJidSiar Bhagwan Das maln road Pendra Road Gaurola, P.S. Gaureia, Pendra Road Dlstt.BISaspur (C.G.) 3. The Oriontai Ensuranco Company Limlted Bliaspur, Dlstt.BiSaspur (C.G.) fWrit Petition under Articie 227 of the Constitution of India) Mr.Yogendra Chaturvedi, counsei for the petstioner. None present for respondents No.1 and 2. fvlr.Raj Awasthy, counsoi for rospondent No,3. ^' (SB: Hon'ble Mr. T.P. Sharma, J.) (Passedon 14-7-2011) 1. By this petition under Artlcie 227 of the Constltutlon of Endia ths petltjoner has chatlengoa' the isgaiity and propriety of the order dated 23.10.2010 (Annoxure P/1) passed by the Additlonal Ivlotor Accidont Ciaims TribunaS, Pendra Road in Ciasm Case No.35/09, whsreby right to acjduce the evidence of the petitiorser has been ciosed by the Tribunai on the ground that ample opportunitles have boon providod to hor for addudng tho evidence and the Tribunal has fixed the case for ovidence ofthe rospondonts. 2. Aftor some argumonts, ioarned counse! for the potjtloner frankly admits that the petitioner was not serious for her case on account of her injury and ilSness. loarned counsol furthor submits that in case she would not bo permitted to lead the ovldenco sho may loss her all rights and romodies, 3. On the otner h^nd, iearned counsoi for respondent Mo;3 opposes the petltion and subnnits that amplo opportunitios have been given to the petitioner and ^:-'—.^^ '<•:. /'"/'^ '%. 1 -I I. :. I ^ '2i>. ^-•^1^ T" ^' -a- the Tribunai has rishtiy clossd the opporlunjty to adduce the evldsnce of the peSItJonor. 4. On due consideration, especiaiiy the fact that this is a claim case and the •Court was requirod to take liboral viow and does not approach as Injured person, the order impugned is modlfted to the oxcent and has directed that the Tribunal shall provide t^vo opportunlties, within interval of 15 days from 10.8.2011 tc the pstitionsr and decide the cass on its own merits as per }aw. 5. The potltlon is disposed of accordingly. The partles are dlrected to remaln presont before the Cialms Tribunal on 10.8.2011. Sd/- T.P. Sharma Judge ^ ^