IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7417 of 2009 Date of Decision : December 15, 2009 Smt. Bimla Devi and others ...Petitioners Versus Dharam Pal and others ....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. J.S. Cooner, Advocate T.P.S. MANN, J. (Oral) Order passed by the learned Motor Accidents Claims Tribunal, Panchkula on 27.11.2009, while closing the evidence of the claimants by order of the Court, has been challenged by them by filing the present revision under Article 227 of the Constitution of India. While passing the impugned order, learned Tribunal observed that no PW on behalf of the claimants was present, despite it being the last opportunity. Instead, another request for adjournment had been made, which stood vehemently opposed by learned counsel for the respondents. The claimants had already availed four effective opportunities for their evidence and, therefore, in terms of the order passed on the previous date, i.e. 11.11.2009, the evidence of the claimants was closed. Learned counsel for the petitioners states that they have already examined one PW before the learned Tribunal in support of their Civil Revision No. 7417 of 2009 -2- case. They have yet to examine Sat Pal Verma, who had lodged the FIR in question and also one concerned Clerk of Anand Engine Component Limited, Parwanoo, District Solan so as to prove negligence of the respondent-Driver and the income of the deceased, respectively. The petitioners have already deposited requisite expenses but could not examine the abovementioned material witnesses, despite their best efforts. The petitioners are dependents of deceased Jagdish Kumar Dhiman, being widow, son, daughter and aged mother, respectively and could not produce the abovementioned material witnesses and in case one more opportunity is granted to them they would examine the aforementioned witnesses at their own responsibility. Without commenting on the merits of the stand taken on behalf of the petitioners but keeping in view the interest of justice, the present revision is disposed of by directing the learned Motor Accidents Claims Tribunal, Panchkula to grant one more opportunity to the claimants to examine Sat Pal Verma and concerned Clerk of Anand Engine Component Limited, Parwanoo, District Solan in support of their claim petition, subject to payment of Rs.1,000/- as costs. It shall be the sole responsibility of the petitioners to produce the aforementioned witnesses on the date to be so fixed by the learned Tribunal in that regard. ( T.P.S. MANN ) December 15, 2009 JUDGE satish