C. R. No. 7739 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : C. R. No. 7739 of 2009 Date of Decision : December 23, 2009 Roshan .... Petitioner Vs. Subhash and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Arvind Bansal, Advocate for the petitioner. * * * L. N. MITTAL, J. (Oral) : Claimant Roshan has filed this revision petition under Article 227 of the Constitution of India assailing order dated 17.12.2009 passed by learned Motor Accident Claims Tribunal, Kaithal (in short – the Tribunal), whereby evidence of the claimant has been closed by court order. The claimant has filed the claim petition under the Motor Vehicles Act, 1988 claiming compensation for injuries suffered by him in motor vehicular accident. I have heard learned counsel for the petitioner and perused the case file. Perusal of the impugned order reveals that the claimant was afforded five effective opportunities for leading his evidence. Learned counsel for the petitioner states that the petitioner may be granted one opportunity to lead his remaining evidence at own C. R. No. 7739 of 2009 2 responsibility, on payment of cost. Keeping in view all the circumstances, I intend to accept the aforesaid prayer of learned counsel for the petitioner. I propose to dispose of this revision petition without issuing notice to the respondents so as to avoid further delay in disposal of the case and also to save the respondents of the expenses they may have to incur in engaging the counsel for the instant revision petition, if notice is issued. For the reasons recorded herein above, the instant revision petition is allowed and the Tribunal is directed to give only one more opportunity to the claimant to lead his remaining evidence at own responsibility. The claimant may take assistance of the Tribunal for summoning any witness, but it will be responsibility of the claimant to lead his remaining evidence at own responsibility and no further adjournment shall be granted, even if any summoned witness is not served or does not appear inspite of service of the summons. The opportunity shall be granted to the claimant, subject to payment of Rs.2,000/- as cost precedent. December 23, 2009 ( L. N. MITTAL ) monika JUDGE