CMPMO 191 of 2007. 14.8.2008 Present: Mr. Arvind Sharma, counsel for the petitioner. Mr. Praneet Gupta, counsel for respondent No. 1. This petition under Article 227 of the Constitution of India has been preferred against the order passed by the learned Motor Accident Claims Tribunal, Fast Track Court, Shimla closing the right of the petitioner herein to lead evidence. The order notes that the witness Dr. Sanjeev Kapoor is absent despite service. Learned counsel appearing for the petitioner submits that the witness could not attend Court because of the fact that roads were blocked and he was informed on telephone that the witnesses are unable to reach Court. The evidence was closed, in view of the order passed by this Court on July 6, 2007 stating therein that the petitioner shall serve the doctor personally and no further opportunity shall be granted to him to lead evidence. This order cannot be construed to mean that in case of an event occurring which is beyond control of the petitioner will be used against him depriving him of his chance to lead evidence. Surely, if the roads were blocked, it was an act of nature and not within the control of the petitioner. In this view of the matter, this petition is -2- allowed. Order dated 14.8.2007 is quashed and set aside. The matter is remanded to the Tribunal with the direction that the petitioner shall be given another opportunity to produce his evidence. Needless to add that any act of nature or event occurring which is not within the control of the petitioner, which deprives him of producing his evidence shall not be construed as a deliberate act on his part. There shall be no order as to costs. August 14, 2008 (PC). (Dev Darshan Sud), J.