CR No. 8141 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 8141 of 2010 Date of decision:- 15.12.2010 Jasvir Singh ......petitioner vs. Baljeet Singh and ors ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. I.S. Mann, Advocate for the petitioner HEMANT GUPTA, J (ORAL) Challenge in the present petition is to an order passed by Motor Accident Claims Tribunal, Muktsar on 8.11.2010, whereby the evidence of the petitioner was closed by an order. Petitioner has sought compensation on account of the injuries suffered by him in a motor vehicle accident. To prove the extent of injuries suffered, the petitioner summoned Dr. Vikas Arora. Dr. Arora was served with the summons to appear as witness but the said doctor expressed his inability to appear on account of surgeries to be carried out by him on one date and on account of illness on the other date before the learned Tribunal. Learned Tribunal closed the evidence of the claimant for the reason that sufficient opportunities have been granted to the claimant but claimant could not conclude his evidence. Having heard learned counsel for the petitioner, I am of the opinion that the learned Tribunal has committed illegality in closing the evidence of the claimant. The petitioner served the Dr. Vikas Arora with the process of the Court. It was the difficulty faced by the Doctor, the witness CR No. 8141 of 2010 -2- could not be examined. The claimant has done whatever was within his control i.e. serving the doctor with the process of Court. Therefore, the order passed by the learned Tribunal closing the evidence of the petitioner cannot be sustained in law and the same is set aside. The claimant-petitioner is permitted to examine Dr. Vikas Arora. However, it shall be open to the petitioner to take dasti summons for the service of Dr. Vikas Arora. Disposed of with liberty aforesaid. (HEMANT GUPTA) JUDGE 15.12.2010 preeti