SBCWP NO.2455/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.2455/2007. Girraj Prasad Saini and others Vs. M.A.C.T. Rajgarh, Distt.Alwar and others. Date of order:- 21/02/2008. PRESENT HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Bharat Saini for the petitioners. Smt.Sharda Pathak for Insurance Company. BY THE COURT:- Heard learned counsel for the parties. 2) This writ petition has been filed against the order dated 22/2/2007 passed by the Motor Accident Claims Tribunal Rajgarh by which prayer of the petitioners who are claimants before the Tribunal for direction of evidence through witnesses has been declined. 3) Learned counsel for the petitioners has argued that affidavits of two witnesses have already been filed by the claimants and their cross-examination have already taken place but prayer of the petitioners to produce two more witnesses along with their affidavits was SBCWP NO.2455/07. 2 declined by the learned Tribunal. It was submitted that petitioners now only wanted to produce the affidavit of Smt.Prem Devi, widow of the deceased and Ramjilal Saini, the eye-witness and wanted to produce them before the Tribunal at any date which may be fixed by the Tribunal. 4) Learned counsel appearing for the Insurance Company opposed the writ petition and argued that already number of opportunities were granted to the claimants to produce their evidence. Claim petition was filed in the year 2005 and now at this stage belated stage, no further opportunity may be granted to the claimants-petitioners for production of the witnesses particularly in view of the fact that petitioners have curtailed number of witnesses. 5) However, in the facts of the case and in the interest of justice, I deem it appropriate to grant one more opportunity to the claimants- petitioners to produce the affidavits of two witnesses named above. In the result, the writ petition is allowed and the impugned-order dated 22/2/2007 (Ann.4) is set-aside. The petitioners shall produce the evidence for the purpose of cross- examination of two witnesses namely; Smt.Prem Devi, widow of the deceased and Ramjilal Saini, SBCWP NO.2455/07. 3 the eye-witness at any date that may be fixed by the Tribunal within one month from the date next fixed before it. (MOHAMMAD RAFIQ), J. anil