IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.281 of 2008. Date of decision: 05.03.2009. United India Insurance Co.Ltd. …Petitioner Versus Anu Kumari & Others …Respondents Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 No. For the Petitioner: Mr.Pritam Singh Chandel, Advocate. For Respondents 1 to 3: Mr.Romesh Verma, Advocate. For Respondent No.4: Mr.Ashish Sharma, Advocate. Dev Darshan Sud,J. This petition has been preferred by the Insurance Company challenging the order passed by the Workmen Compensation Commissioner, Anni, District Kullu, on the ground that the petitioner herein was negligent in producing evidence to be examined on its behalf. I need not go into the facts in detail. All that can be said on the order passed on 23.8.2008 is that it records that last opportunity had been granted to the counsel for the Insurance Company to produce its witnesses. The witness was summoned, but did not 1 Whether the reporters of Local Papers may be allowed to see the judgement? Yes. 2 appear in Court and as such the right of the petitioner herein to lead evidence was closed. Strangely, what the Commissioner did not notice is that the witness summoned was the Record Keeper from the Court of the learned Motor Accident Claims Tribunal, District Kinnaur at Rampur Bushehr. He was summoned alongwith some record which the Insurance Company sought to prove. The Commissioner notes that the witness was not present despite being served. He thereafter proceeded to close the right of the petitioner to lead any evidence. This is not the proper approach. Surely, the witness was not within the control of the petitioner herein and admittedly employed with the learned Motor Accident Claims Tribunal in Kinnaur at Rampur Bushehr. In these circumstances, it was not open to the Commissioner to have found fault with the petitioner herein. This petition is accordingly allowed. The order passed against the Insurance Company closing its right to lead evidence is quashed and set aside. A direction is issued to the Commissioner to grant ample opportunity in accordance with law to the petitioner herein to establish his case. A direction is issued to the learned Motor Accident Claims Tribunal to ensure that the record which was summoned through the Alhamad of the Court be produced before the Commissioner. Of-course, such record shall be produced on issuance of a proper 3 summon/order by the Commissioner in accordance with law. Parties to appear before the Commissioner under the Workmen Compensation Act on 25th May, 2009. March 5, 2009. (Dev Darshan Sud) (aks) Judge.