F.A.O. No.2638 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** F.A.O. No.2638 of 2008 Date of Decision:17.11.2008 Nitesh Kumar Nagra .....Appellant Vs. Madan Lal and another .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. J.S. Cooner, Advocate for the appellant. **** JUDGMENT HARBANS LAL, J. (Oral) This appeal is directed against the award dated 5.2.2008 passed by the Motor Accident Claims Tribunal, Panchkula whereby he dismissed the claim petition filed by the claimant- appellant. The brief facts giving rise to the claim petition are that the claimant 16 years of age was a student of 10th Class. On 23.5.2005, he was waiting for a bus at Bus Stand, Surajpur for Pinjore. Meanwhile, a scooter bearing registration No.CHJ-829 being driven in a rash and negligent manner by Madan Lal- respondent came from Panchkula side and hit against the claimant, as a result of which, he fell down on the ground. He was removed to Civil Hospital, Sector-6, Panchkula, where he remained hospitalised for 12/13 days. A sum of Rs.30,000/- was spent by him on his treatment etc. An FIR No.678 dated 26.5.2005 was got registered at Police Station, Pinjore. On these allegations, the claim petition was filed for grant of compensation to the tune of Rs.5 lacs. In their written statement, the respondents denied the averments embodied in the claim petition. The following issues were framed:- F.A.O. No.2638 of 2008 -2- 1. Whether the accident in question in which injuries were allegedly suffered by petitioner Nitesh Kumar Nagra was caused because of rash and negligent driving of scooter bearing registration no.CHJ-829? OPP 2. If issue no.1 is proved, whether the petitioner is entitled to get compensation, if so, to what amount and from whom? OPP 3. Whether the respondent No.1 was not holding a valid and effective driving licence at the time of accident as alleged? OPR 4. Relief. As many as six opportunities were afforded to the petitioner- appellant, who failed to adduce his evidence. Ultimately, his evidence was shut out by order dated 5.2.2008 passed by the Tribunal. After hearing the learned counsel for the parties, the learned Tribunal dismissed the claim petition vide his award dated 5.2.2008. Feeling aggrieved therewith, the claimant- appellant has preferred this appeal. I have heard the learned counsel for the claimant- appellant. He has strenuously urged that the appellant being a minor had filed the claim petition through his father as a guardian/ next friend. He belongs to a very poor family and his father usually remained out for months together in search of work and as such, he could not pursue the case properly. He further added to it, that he or his father also did not receive any intimation regarding the proceedings and as its consequence, he could not produce the evidence. I have well considered these submissions. F.A.O. No.2638 of 2008 -3- Of course, as has been reflected in the impugned award, six opportunities were afforded to the claimant to lead his evidence and he could not produce the same. Needless to say, the claimant- appellant is 16 years old. In the circumstances pointed out by the learned counsel for the appellant, the evidence could not be adduced by the claimant. In the words of Lord Hewart “It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.” To my mind, to advance the cause of justice, it would be in the fitness of things to afford one more opportunity to the claimant- appellant to lead his evidence. As such, the impugned award is set aside and the matter is remanded back to the Motor Accident Claims Tribunal, Panchkula for deciding the matter afresh after affording only one opportunity to the claimant- appellant to lead his evidence. The claimant- appellant is directed to put in his appearance before the afore-mentioned Tribunal on 5.12.2008. The Registry is directed to transmit a copy of this judgment to the Motor Accident Claims Tribunal, Panchkula. November 17, 2008 ( HARBANS LAL ) renu JUDGE