Civil Revision No. 5828 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 5828 of 2009 Date of decision: 25-11-2009 Gurvinder Singh and another Versus Munish Singh and another CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: Shri J.S.Cooner, Advocate, for the petitioner. Mrs. Vandana Malhotra, Advocate, for the respondent HEMANT GUPTA, J. Challenge in the present petition is to the order passed by Motor Accident Claims Tribunal, dated 2.9.2009 whereby evidence of the petitioners was closed by order. The petitioners are legal heirs of deceased Gurmeet Singh who died in a motor vehicle accident on 3.1.2008. It is pointed out that Sucha Singh, eye witness, was to be examined in the court but he could not appear when the case was called though he came to the court after the case was adjourned. The application filed by the petitioner to lead additional evidence was declined on 16.9.2008 even though counsel for the respondent had no objection for such evidence. The petitioners are dependents of the deceased Gurmeet Singh who died in motor vehicles accident on 3.1.2008. The Tribunal have to take pragmatic approach in dealing with such case where the claimants are helpless, financially weak, dependent and are not possessed of sufficient means to contest the petition under Section 166 of the Motor Vehicles Act, 1988 Civil Revision No. 5828 of 2009 2 In view of the above, the orders dated 2.9.2009 and 16.9.2009 passed by the learned Motor Accident Claims Tribunal, Panchkula are set aside. Petitioners are permitted to examine the witnesses. The Tribunal shall provide necessary assistance to cause appearance of any such witness, if sought, by the petitioners. Civil Revision is disposed of accordingly. (HEMANT GUPTA) JUDGE November 25, 2009 RSK