Rajasthan High Court: The Judgment passed by the Motor Accident Claims Tribunal rejecting the claim petition of the appellant, was set aside by a Single Judge Bench comprising of Vineet Kumar Mathur, J.
The complainant sustained injuries in an accident with respondent’s jeep being driven in a rash and negligent manner by the driver. He filed a claim petition before the Tribunal which was rejected for the appellant’s non-appearance and non-production of evidence before the Tribunal. The appellant challenged the order of rejection of his claim petition by the Motor Accident Claims Tribunal.
The High Court perused the record and found that the claim of the appellant was rejected by the Tribunal on the ground that he failed to produce evidence despite being given multiple opportunities. However, the Court found favour with the cause shown by the appellant that he lived in a far off place and the information regarding progress of the case was not communicated to him by his counsel. The Court held that the cause shown by the appellant appeared to be reasonable. Therefore, in the interest of justice, the High Court remanded the matter back to the Tribunal from the stage of production of evidence by the claimant (appellant). The appeal was disposed of accordingly. [Mohd. Akbar Ali Khan v. Ramsingh, 2018 SCC OnLine Raj 1279, dated 18-5-2018]