FAO No.726 of 1996 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.726 of 1996 Date of decision : 12.03.2010 Ved Parkash .... Appellant VERSUS Om Parkash and another ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ravinder Jain, Advocate, for the appellant. Mr. Ashwani Talwar, Advocate, for respondent no.2. KANWALJIT SINGH AHLUWALIA, J. (Oral) Appellant Ved Parkash was a passanger in auto rickshaw bearing registration No.HNR4394 driven by Salinder Singh. At that time, one truck bearing registration No.HR-06-8790, owned and driven by Om Parkash, came from opposite side allegedly at a fast speed, in a rash and negligent manner and had hit the auto rickshaw. Appellant received grievous injuries. Another occupant of the auto rickshaw Jai Singh died after sometime. The Tribunal had not awarded compensation to the appellant on the ground that appellant had not stepped into the witness box even although a number of opportunities were given to him. Admittedly, FIR No.255 dated 06.03.1992 was registered at Police Station Karnal under Sections 279, 337, 338 and 304-A IPC. FAO No.726 of 1996 -2- Medical evidence is also on the record to show that the appellant had suffered injuries, but probably he could not step into witness box. The Tribunal has also held that witnesses proved injuries and the FIR but the same are not relevant as the appellant himself has not appeared. Counsel for the appellant has assailed the impugned Award of the Motor Accident Claims Tribunal, Karnal given on the basis of a settlement of compensation arrived at before the Lok Adalat between the claimants – co-passengers and the Insurer. In these circumstances, this Court is of the view that one opportunity can be granted to the appellant to lead his remaining evidence before the Tribunal. Since the appellant has availed of a number of opportunities to do so, appellant can be fastened with some cost also. Consequently, the present appeal is accepted. The matter is remanded back to the Motor Accident Claims Tribunal to afford one effective opportunity to the appellant to lead his evidence subject to payment of costs, which is assessed at Rs.5000/-. Appellant shall appear before the Tribunal on 7.04.2010 and shall examine his entire evidence on any date to be given by the Tribunal. (KANWALJIT SINGH AHLUWALIA) 12.03.2010 JUDGE manju