1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1157/2006 (Kana Ram Vs. Dhanna Ram and anr. ) Date of Judgment : 18.3.2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.Lokesh Atrey, for the respondents. Both the parties agreed to final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of claimant-appellant Kana Ram for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur vide judgment dated 1.12.2005 whereby the claim petition of the claimant-appellant was dismissed on the ground that inspite of giving six opportunities, he has to produce evidence in court. 3. Learned counsel for the appellant submits that the claimant-appellant deserves to be given one more opportunity to lead evidence before the learned Tribunal so that 2 he may get justice. It was further submitted that the claimant-appellant was 14 years of young boy and the lapse/delay on his part for not leading evidence deserves to be condoned and matter deserves to be remanded by affording opportunity to lead evidence and thereby disposal of the case on merits. 4. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. It is further submitted that inspite of giving sufficient opportunity to lead evidence, no evidence could be adduced and after such an inordinate delay, appeal deserves to be dismissed. It is also submitted that in case, the court allows the appeal and remand the case, the interest on the award if any may be disallowed for the period from the date of dismissal of claim petition to the decision of this case. 5. After hearing the rival contentions, and 3 going through the award as also record of the case, it is revealed that claim petition was dismissed on 1.12.2005, though the claimant-appellant was accorded six opportunities to lead evidence but the matter pertains to Motor Accident which is a social security legislation and, as such, in the interest of justice, case deserves to be remanded for according opportunity to the appellant to adduce evidence. However, from the date of dismissal of the claim petition till the present order for remand by this court, interest if any found accrued deserves to be disallowed. 6. Accordingly, the impugned Judgment and award passed by the learned Tribunal is set aside and the matter is remanded back to the learned Tribunal for inquiry as per law and according opportunity to both the parties to lead evidence and to proceed and decide the matter afresh as per law. In case any amount is awarded in the matter, no interest shall be accrued to the appellant-claimant from the date of dismissal of the claim petition by the learned Tribunal to the date of this order for remand. Both the parties 4 are directed to remain present before the learned Tribunal on 20.4.2009. The appeal is allowed accordingly. Record be sent to the Tribunal forthwith. (GUMAN SINGH),J. Sandeep/- item no.61