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Vimlesh Kumar Singh vs United India Insurance Comp. Ltd. ...

High Court Of Judicature at Allahabad|30 July, 2010


Hon'ble S.C. Chaurasia,J.
Heard learned counsel for the parties and perused the record. The present First Appeal From Order has been preferred under section 173 of the Motor Vehicles Act against the impugned judgment and order dated 23rd May, 2008 passed by the M.A.C.T./Additional District Judge, Court No.9, Barabanki in Claim Petition No. 47 of 2007, Vimlesh Kumar Singh Versus United India Insurance Company Ltd. & Others.
The brief facts, giving rise to the present appeal, are that on 8th May, 2006 at about 2.00 p.m. the appellant was coming on the motorcycle no. U.P. 41 D-4357. When he arrived at Dalsarai Chauraha, Lucknow Faizabad Road, tempo no. 42 T- 3201 being driven rashly and negligently coming from reverse direction, hit the motorcycle and in consequence thereof, the accident occurred and Sri Vimlesh Singh suffered with serious injuries. The claimant approached the Tribunal and the Tribunal has framed issues. However, the claim of the appellant has been rejected on the ground that he could not furnish necessary documentary evidence. Though, the appellant appeared before the Tribunal, but, the respondent no. 2, the owner of the vehicle did not appear inspite of service of notice.
It has been submitted by learned counsel for appellant that during the course of trial, the appellant was in hospital and he could not be relieved from the hospital and the case was decided and the learned counsel representing the appellant had failed to take time for production of evidence during the course of trial before the Tribunal.
By the separate order, the delay in filing the appeal has been condoned by this court with the finding that the appellant was not in a position to attend the court, being running under medical treatment in the hospital. It appears that the learned Tribunal had failed to exercise its jurisdiction vested in it by not granting appropriate opportunity to the appellant to adduce evidence. When this fact was brought to the knowledge of the Tribunal that the appellant is hospitalized and he is not in a position to adduce evidence, then the case should have been adjourned by providing reasonable opportunity to the appellant to adduce evidence.
In view of above, the appeal is allowed. The impugned judgment and order dated 23rd May, 2008 is set aside. The matter is remitted back to the Tribunal. The Tribunal shall restore the case to its original number and decide afresh in accordance to law expeditiously and preferably within a period of six months from the date of production of a certified copy of this order.
The parties shall appear before the Tribunal on 18th August, 2010.
Order Date :- 30.7.2010 AKS
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Vimlesh Kumar Singh vs United India Insurance Comp. Ltd. ...


High Court Of Judicature at Allahabad

30 July, 2010