Civil Revision No. 4893 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 4893 of 2009 Date of decision: 28.8.2009 Karam Singh ......petitioner Versus Mukesh and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.J.S.Sandhu, Advocate for the petitioner. **** SABINA, J. Petitioner Karam Singh has filed claim petition under Section 166/140 of the Motor Vehicles Act bearing No.60/09, claiming compensation on account of injuries suffered by him in the motor vehicle accident. Vide the impugned order dated 18.8.2009 passed by Motor Accidents Claims Tribunal (F.T.C.), Karnal (Annexure P-1), the evidence of the petitioner has been closed by order. Hence, the present revision petition has been filed under Article 227 of the Constitution of India,. Learned counsel for the petitioner has submitted that the affidavit of the witness now sought to be examined had already been placed on record but due to inadvertence, he could not be examined Civil Revision No. 4893 of 2009 2 by the petitioner. PW- Satish Kumar was very necessary to be examined in this case as he had witnessed the alleged accident. Learned counsel has further submitted that the petitioner would examine the witness on 4.9.2009, the date fixed before the Tribunal. After hearing learned counsel for the petitioner, I am of the opinion that this petition deserves to be allowed. The interest of justice demands that the petitioner should be given an opportunity to examine PW- Satish Kumar, who is alleged to be an eye witness to the accident. The respondents can be compensated with costs. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred. Judiciary is respected not on account of its power to legalise injustice on technical grounds but is capable of removing injustice and is expected to do so. Accordingly, this petition is allowed and the petitioner is allowed to examine PW-Satish Kumar on 4.9.2009, the date fixed before the Tribunal subject to payment of Rs.2,500/- as costs. No further opportunity will be granted to the petitioner to lead his evidence. Thereafter, the trial Court shall proceed further with the case in accordance with law. (SABINA) JUDGE August 28, 2009 anita