IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 1792 of 2010 Date of decision : March 17, 2010 Somwati and others ....Petitioners versus Rajinder alias Mintu and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. PR Yadav, Advocate, for the petitioners L.N. Mittal, J. (Oral) This is revision petition by claimants no. 1 to 3 under Article 227 of the Constitution of India assailing order dated 17.2.2010, Annexure P/1, passed by learned Motor Accident Claims Tribunal, Gurgaon thereby closing the evidence of the claimants (petitioners and proforma respondent no. 4) in claim petition filed under section 166 of the Motor Vehicles Act, 1988. Learned counsel for the petitioners states that it was 5th opportunity for evidence of the claimants when the evidence was closed by court order. Learned counsel for the petitioners prays that claimants may be granted only one more opportunity for their remaining evidence at own responsibility on payment of costs. The prayer appears to be genuine. The ends of justice would be served if the prayer is accepted. The claimants are widow, a minor son and a minor daughter and father of the deceased. The Civil Revision No. 1792 of 2010 -2- claimants want to lead evidence regarding income of the deceased who was allegedly income tax payer. I intend to dispose of the instant revision petition without issuing notice to the respondents so as to avoid further delay in the disposal of the claim petition and also to save the respondents of the expenses that may be incurred for engaging counsel if notice of the revision petition is issued to the respondents. In view of the aforesaid discussion, the instant revision petition is allowed and learned Motor Accident Claims Tribunal, Gurgaon is directed to give only one more opportunity to the claimants for their remaining evidence at own responsibility subject to payment of Rs 2500/- as costs precedent. The claimants may take assistance of the Tribunal for summoning evidence but no more opportunity shall be granted to the claimants even on the ground of non service of any witness or non appearance of any witness in spite of service or on any other ground whatsoever. ( L.N. Mittal ) March 17, 2010 Judge 'tiwana'