CR No.2258/2011(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.2258/2011(O&M) Date of decision: 26.04.2011. Gurpreet Singh ....................Petitioner v. Paramjit Kaur and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Malhar Singh Dhami,Advocate for the petitioner. Jaswant Singh.J.(Oral) Petitioner/owner of the alleged offending car involved in a motor vehicular accident on 29.6.2005 resulting into death of one Avtar Singh has approached this Court under Article 227 of the Constitution assailing the order dated 7.1.2011(P2) whereby the learned Motor Accident Claims Tribunal has ordered the closure of his evidence. It is stated that in the claim petition filed by the respondents/ claimants the issues were framed on 6.8.2007 and their evidence was closed on 2.8.2010 and thereafter it was fixed for 18.8.2010 for the evidence of the respondents namely owner and driver of the offending vehicle and the insurance company. Learned counsel admits that though 13 opportunities were granted during the period of five months from August 2010 till CR No.2258/2011(O&M) 2 7.1.2011 to the respondents for leading their evidence, however, the evidence could not be led by the petitioner/owner due to the fact that he had gone to Cananda in July 2009 as also non-communication of the same by his counsel. He further states that after petitioner returned from Canada in February 2011 he came to know about the impugned order and thereafter the present revision petition has been filed. It is submitted that after the closure of the evidence of the petitioner, no effective proceedings have taken place. It is further contended that the offending vehicle is fully insured and just one opportunity is prayed for to lead the entire evidence by the petitioner. Alongwith his affidavit the petitioner has also placed on record relevant pages of his passport showing that he was in Canada for the period between 9.7.2009 till 9.2.2011 on an immigration visa. The case is now stated to be fixed for 31.5.2011 for rebuttal evidence and arguments. After hearing the learned counsel and keeping in view the facts noticed above, I deem it just and expedient in the interest of justice to allow the present revision petition and grant one effective opportunity to the petitioner to lead his entire evidence on a date to be fixed by the trial court.This shall, however, be subject to payment of costs. Accordingly, present revision petition is allowed, impugned order dated 7.1.2011 is set aside and the petitioner is granted one effective opportunity to lead his entire evidence on a date to be fixed by the learned Motor Accident Claims Tribunal. This shall, however, be CR No.2258/2011(O&M) 3 subject to payment of costs of Rs.2000/- each to four respondents/claimants by way of demand draft and a further sum of Rs.5000/- to be deposited with the State Legal Services Authority, Hoshiarpur. This order is being passed without issuing notice to the respondents to avoid unnecessary delay and expenditure in engaging a counsel. Moreover, they have been compensated by way of payment of costs. 26.04.2011 (Jaswant Singh) joshi Judge