FAO No. 1837 of 2010 1 In the High Court of Punjab & Haryana at Chandigarh FAO No. 1837 of 2009 (O&M) Date of decision : 22.4.2010 Balwinder Singh ....... Appellant vs Jahid and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. N. D. Achint, Advocate, for the appellant. Mr. Pardeep Goyal, Advocate, for respondent no. 3. Rajesh Bindal J. Prayer in the present appeal is for setting aside award dated 12.3.2008 passed by the learned Motor Accident Claims Tribunal, Yamuna Nagar (hereinafter to be referred as “the Tribunal”) whereby claim petition filed by the appellant was dismissed. Briefly, the facts are that on 16.11.2005 at about 12.00 noon, appellant Balwinder Singh and Sanjay Kumar were coming from Saharanpur to Yamuna Nagar on a motorcycle which was being driven by Sanjay Kumar and the appellant was the pillion rider. When they reached near the petrol pump in the area of Police Station Sadar, Yamuna Nagar, one tractor-trolley, having no number, came from the wrong side of the road and struck against the motorcycle. The appellant and Sanjay Kumar fell down and sustained grievous injuries. The driver ran away from the spot. They were shifted to hospital of Dr. Kohli at Jagadhri. The appellant remained admitted in the said hospital from 16.11.2005 to 26.11.2005. The appellant/ claimant filed petition before the learned Tribunal which was dismissed on the ground that he failed to prove the injuries received in the said accident. It is this award which is impugned in the present appeal. Learned counsel for the appellant contended that the learned Tribunal fell in error in dismissing the claim petition filed by the appellant by observing that since Dr. Pardeep Kohli has not been examined, injuries on the person of the appellant and said Sanjay Kumar were not proved. It was further contended that the said doctor was served through his junior Dr. Rajneesh, but the Tribunal did not take any step to serve him in accordance with law. It was also contended that vide order dated 10.7.2009 passed by this court in FAO No. 1415 of 2009 – titled as Sanjay Kumar vs Jahib and others, the impugned award was set aside and the appellant therein was granted an opportunity to examine the concerned doctor. FAO No. 1837 of 2010 2 On the other hand, learned counsel for respondent no.3 submitted that sufficient opportunities were granted to the appellant/claimants to conclude their evidence but they failed to do so. In such circumstances, the finding recorded by the learned Tribunal cannot be faulted with. Having heard learned counsel for the parties and going through the paper-book, in my opinion, the ends of justice would be met in case an opportunity is granted to the appellant to examine the doctor concerned in order to prove the injuries on the person of the appellant by compensating the other party with cost. In view of the above facts and circumstances, while setting aside the impugned award dated 12.3.2008, the case is remanded back to the learned Tribunal with a direction to examine the said doctor in order to prove injuries on the injured persons through ordinary process as well as other mode that may be permissible in law for the date that may be fixed by the Tribunal, subject to payment of Rs. 5,000/- as costs. The payment of cost shall be a condition precedent for the appellant to pursue his case further. It is further made clear that after the examination of the doctor by the Tribunal, the matter shall be decided afresh on the strength of evidence available on the record, within a period of four months from the date a certified copy of this order is received. Parties through their counsels are directed to appear before the Tribunal on 15.5.2010. The appeal is disposed of in the above terms. 22.4.2010 ( Rajesh Bindal) vs Judge