MAC .APP.No.105/2009 Page 1 of 3 8 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.105/2009 Date of Decision: 27th July, 2009 % SACHIN RAVINDRAN ..... Appellant Through : Mr. Manish Maini, Adv. versus MR. NAEEM & OTHERS ..... Respondents Through : Mr. Ashok Popli, Adv. for R – 1 and 2. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may Yes be allowed to see the Judgment? 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be Yes reported in the Digest? JUDGMENT (Oral) MAC.APP. No.105/2009 and CM No.2131/2009 1. The appellant has challenged the award of the learned Tribunal whereby the claim petition was dismissed on the ground that the appellant has not been able to prove the negligence of the driver of the offending vehicle. 2. The learned counsel for the appellant submits that the driver of the offending truck appeared in the witness box as R1W1 on 26th August, 2008 but he could not be cross- examined by the learned counsel for the appellant who had noted down a wrong date and, therefore, could not appear MAC .APP.No.105/2009 Page 2 of 3 before the learned Tribunal on 26th August, 2008. However, learned counsel for the appellant filed an application dated 30th August, 2008 before the learned Tribunal for recalling of R1W1 for cross-examination and the learned Tribunal fixed the said application for 2nd September, 2008. The learned counsel for the appellant further submits that the learned Tribunal passed the impugned award on 1st October, 2008 without disposing of the appellant’s application on 2nd September, 2008 and, therefore, the impugned award may be set aside and case may be remanded back to the learned Tribunal. 3. Learned counsel for respondent Nos.1 and 2 does not dispute the fact that the impugned award has been passed without disposing of the appellant’s application dated 30th August, 2008 for recalling the R1W1 for cross-examination. 4. In the facts and circumstances of this case, the impugned award is set aside and the claim petition is remanded back to the learned Tribunal to consider the appellant’s application dated 30th August, 2008 for recalling R1W1 for cross-examination. 5. If the appellant’s application dated 30th August, 2008 is allowed, the appellant shall be entitled to cross-examine R1W1. The learned Tribunal shall also permit the parties to lead further evidence on the issues involved and shall pass a fresh order in accordance with law. MAC .APP.No.105/2009 Page 3 of 3 6. The CM No.2131/2009 and the appeal are allowed. 7. The parties are directed to appear before the learned Tribunal on 26th August, 2009. 8. The LCR be send back immediately. 9. Copy of this order be given ‘Dasti’ to learned counsel for both the parties under signatures of Court Master. J.R. MIDHA, J JULY 27, 2009 mk