JUDGMENT :

1. Though the matter has been listed in the ‘Orders Category’, however, the matter is being heard today itself with the consent of the counsel for both the parties.

2. The instant writ petition has been preferred under Article 227 of the Constitution of India with the following prayers:-

“that this writ petition of the petitioner may kindly be allowed and order dated 23.05.2019 (Annexure10) passed by the Learned Judge Motor Accident Case No. 21/2010 (06/2006) -Siyaram Vs. the photocopy Entry No.812 dated 19/20.03.2003 of Police Station Jahajpur (Annexure-8) may kindly be order to taken on record as secondary evidence in Motor Accident Case No. 21/2010 (06/2006)-Siyaram Vs. Paanchuram or any other relief which this Hon’ble Court deem fit and proper may be passed.”

3. Brief facts of the case are that respondent No.1 Siyaram (minor) through his father filed a claim petition (Annexure-1) under Section 166 along with Section 140 of the Motor Vehicles Act, 1988 against Respondent No.2 to 4 including the Petitioner Oriental Insurance Company before Motor Accident Claims Tribunal, Tonk thereby claiming compensation in respect of the injuries received by the Respondent No.1 in the accident that occurred on 19/20 March, 2023 in which Tractor No. RJ-06-R-6345 was involved.

4. After filing of the said claim petition, the same was registered as MACT Case No.826/03 in which summons were issued to the respondents. Upon service of summons the petitioner Insurance Company filed the reply (Annexure-2) to the claim petition and took the defense that the injured claimant has not received any injuries due to accident by a vehicle/tractor as he met with an accident while using thresher and this fact was reported to the concerned Police Station Jahajpur, District Bhilwara, wherein on 19/20 March, 2023 entry was made in Roznamcha report and thereafter prayed for dismissal of claim petition and furthermore, petitioner company also took the objection of the territorial jurisdiction of the Motor Accident Claim Tribunal Tonk.

5. Thereafter the learned Motor Accident Claim Tribunal, Tonk heard the arguments on the application under Section 140 of The Motor Vehicles Act, 1988 which was dismissed vide order dated 15.04.2004 (Annexure-3). While deciding the application it was observed by the Tribunal that the Claimants had to produce the evidence in respect of the territorial jurisdiction and also directed Superintendent of Police, Bhilwara for production of original report No.812 dated 19/20 March, 2023 before the Motor Accident Claim Tribunal, (Hereinafter referred to as MACT for short), Tonk and the prayer for interim compensation was rejected as the claimant did not receive any injury in the accident.

6. Vide order dated 18.11.2005 it was held that the Motor Accident Claim Tribunal, Tonk was not having territorial Jurisdiction to adjudicate the claim petition thus the above mentioned petition was returned to the claimant/respondent No.1 under Order 7 Rule 10A of Civil Procedure Code, 1908 to file before the appropriate tribunal which is having territorial Jurisdiction i.e. Motor Accident Claim Tribunal, Shahpura, District Bhilwara. Thereafter the claimant respondent No.1 filed petition before MACT Shahpura, Bhilwara whereby the same was registered as Case No.06/2006 and again the petitioner insurance company submitted its reply (Annexure-4) before the Learned Tribunal and prayed for rejection of the claim petition.

7. Abovementioned claim petition was dismissed for default by the Learned Tribunal vide order dated 19.10.2011 which was restored upon receiving application from the claimant/Respondent No.1. Thereafter the evidence had commenced and during evidence the counsel for petitioner Insurance Company had filed a written application under Section 151 of CPC dated 07.02.2019 (Annexure-5) requesting to procure the original Roznamcha Entry No.812 dated 19/20 March, 2023 of Police Station, Jahajpur, District Bhilwara. The said application was allo