1 S.B. Civil Misc. Appeal No.2019/2007 Bhanwar Singh. vs. Banwari Lal & Ors. S.B. Civil Misc. Appeal No.2019/2007 Bhanwar Singh. vs. Banwari Lal & Ors. Date : 8.12.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Rohitash Singh, for the appellant. Mr.LD Khatri ) for the respondents. Mr.Sanjeev Sharma ) - - - - - Heard learned counsel for the parties finally in view of the fact that this Court issued notice on 15.11.2007 as to why the appeal may not be disposed of at admission stage. The appellant is aggrieved against the impugned award dated 21.3.2007 passed by the Additional District Judge (Fast Track) NO.4, MACT Cases, Jodhpur in MACT Case No.126/2005 by which the Tribunal awarded compensation of Rs.10,000/- only after holding that the appellant/claimant proved that he suffered several fractures, serious injury in urinary tract and rupture of leg, but the appellant failed to produce the relevant documentary evidence to substantiate his injuries. 2 S.B. Civil Misc. Appeal No.2019/2007 Bhanwar Singh. vs. Banwari Lal & Ors. I considered the submissions of learned counsel for the parties and perused the record. It is unfortunate that voluminous documentary evidence has been produced by the appellant, obviously as has been handed over to his counsel, who produced all the documents before the Tribunal, which included operation record of the victim, X-ray report, city scan report, discharge ticket that too issued by hospital like SMS Hospital, Jaipur and the treatment taken by the appellant from Dr. Pramod Kumar Sharma, Assistant Professor and Urologist, MDM Hospital, Jodhpur and all relevant prescriptions of the doctors. Not only this, according to learned counsel for the appellant, the appellant was given blood and the document relating to said blood transfusion is also available on the record, may it be photostat copy. The Tribunal should have looked into the entire file and should have given more opportunity to the appellant to produce the evidence instead of closing the evidence, just after the evidence of the claimant. In view of the fact that it is a beneficial legislation and when the appellant produced the documents to prove his injuries, I deem it proper to 3 S.B. Civil Misc. Appeal No.2019/2007 Bhanwar Singh. vs. Banwari Lal & Ors. set aside the impugned award dated 21.3.2007 passed in MACT Case No.126/2005. Consequently, this appeal is allowed, the impugned award dated 21.3.2007 is set aside and the matter is remanded to the Tribunal with a direction to the Tribunal to give opportunity to the claimant/appellant for producing more witnesses and particularly doctor. The Tribunal is directed to decide the claim case afresh after giving opportunity to both the parties for evidence. Both the parties are directed to appear before the Tribunal on 20.1.2009. The record of the Tribunal be sent to the Tribunal forthwith. (PRAKASH TATIA), J. S.Phophaliya