C.R.No.4853 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.4853 of 2009 Date of Decision : 26.08.2009 Vanita Rani ...Petitioner Versus Malkeet Singh and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Deepak Aggarwal, Advocate, for the petitioner. HEMANT GUPTA, J. (ORAL) Challenge in the present revision petition is to the order passed by the learned Motor Accident Claims Tribunal, Bathinda, on 11.8.2009, whereby the evidence of the petitioner-claimant was closed. It is the case of the petitioner that out of 10 witnesses to be examined, the petitioner-claimant has already examined 7 witnesses. The petitioner has summoned Dr. Shreen Shah, from Daya Nand Medical College, Ludhiana, who was served to appear as a witness. But the said Doctor expressed his inability on account of examination in which he was to appear. Subsequently, the said Doctor was again served, but again a request was made as he was on medical leave. It is the case of the petitioner that apart from Dr. Shreen Shah, the claimant herself is to examine as a witness and also to produce a witness to prove the last drawn wages of the deceased. The learned Tribunal has passed the order of closure of evidence without keeping in view the fact that the claimant has taken all C.R.No.4853 of 2009 2 reasonable steps to produce the witnesses for the purpose of evidence in the Court. The cases under the Motor Vehicle Act are required to be dealt with compassion and not with same yard-stick as that of adversarial litigation before the Civil Court. The claimant has suffered loss on account of death of the bread-winner, therefore, a human touch should have been adopted by the learned Tribunal while permitting the claimant to lead evidence. Therefore, I am of the opinion that the approach adopted by the learned Tribunal in closing the evidence only because in three opportunities, the claimant could not lead evidence suffers the cause of justice. Consequently, the order passed by the learned Tribunal is set- aside. The petitioner is given liberty to lead her entire evidence expeditiously by serving the witnesses through dasti process as well. With the said direction, the revision petition stands disposed of. 26.08.2009 (HEMANT GUPTA) Vimal JUDGE