1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1765/2007 (Kamrunisha Vs. Trilok Singh and ors.) Date of Judgment : 04-09-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.LL Gupta,for the appellants. Mr.Anant Bhandari, for the respondents. With the consent of the parties, this appeal is being heard and finally disposed of at admission stage. Heard learned counsel for the parties. This appeal has been preferred on behalf of injured-appellant against the judgment and award dated 31.10.06 passed by learned Motor Accident Claims Tribunal-cum-Addl. Sessions Judge No.3 (Fast Track), Kota whereby the claim petition of the appellant was dismissed on the ground that she does not produce herself for evidence in spite of several adjournments. 2. The learned counsel for the appellant submits that the injured is a muslim lady and she could not produce herself for evidence and as such, her evidence was 2 closed but an application was moved on the ground of illness for the adjournment on the date the claim was dismissed and hence the matter may be remanded for deciding the claim petition afresh after giving opportunity of hearing and to adduce evidence. 3. Per contra, learned counsel for the respondent submitted that in case opportunity is accorded, then injured may be directed to appear in the court on the date fixed by this court as well as interest for the period claim remained dismissed should be excluded as the claim was dismissed at the fault of the injured-appellant. 4. On hearing rival contentions,and going through the award as also record of the case,it is revealed that an application was moved for adjournment on behalf of injured and in view of the fact that matter pertains to social welfare legislature, one more opportunity deserves to be accorded and the case deserves to be remanded. 5. Accordingly, the impugned Judgment & 3 award dated 31.10.06 is set aside and the matter is remanded to the Tribunal with a direction to decide the claim petition afresh after giving opportunity of hearing as well as to adduce evidence, if any, to both the parties. It is further directed that if it is found that some amount is to be awarded on the basis of claim petition, interest for the period the claim remained to be dismissed till today, shall stand excluded. Both the parties are directed to remain present before the Tribunal on 15.10.2009. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.46