IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR J U D G M E N T S.B. Civil Miscellaneous Appeal No.1401 of 2000. Murad Khan son of Shri Jeevan Khan. VERSUS Saleem Ahmed son of Shri Munna Khan & Others Date of Judgment :::: 28/04/2009. Hon'ble Mr. Justice Bhanwaroo Khan Mr. Sandeep Mathur, Counsel for the Claimant-Appellant Mr. Rahul Tiwari, on behalf of Mr. Mr. R.K. Mathur, Counsel for the Respondents By the Court : This is an appeal under Section 173 of the Motor Vehicles Act, 1988 on behalf of the claimant- appellant against rejection of the claim petition by the learned Judge, Motor Accident Claims Tribunal, Jaipur vide its order dated 30.05.2000, wherein because of failure of the claimant-appellant to lead/produce the evidence, the learned Tribunal closed the evidence and dismissed the claim petition. The learned counsel for the claimant-appellant pleaded that the claimant-appellant moved an application on the date fixed for evidence stating therein that because of the absence of the Advocate the evidence could not be produced, but the argument, so advanced by the learned counsel for the claimant-appellant is not sustainable because 14-adjournments were given to the claimant-appellant to lead his evidence, but he failed to avail any of the opportunities given to him. On 30.05.2000 neither any witness was present nor any sufficient reason was assigned for non-production of the witness. Heard learned counsel for the parties and perused the impugned order as well as record of the learned tribunal. It was a bounded duty of the claimant- appellant to have produced the witnesses on any of the date fixed for, but without there being any sufficient reason, he failed to produce the evidence. No cogent reason or plausible explanation is coming fourth from the appellant. No case is made out for giving any further opportunity for leading the evidence. I do not find any infirmity or illegality in the order passed, therefore, the appeal deserves to be dismissed. Consequently, the appeal stands dismissed. (Bhanwaroo Khan) J