Parties should be allowed to present all evidence, including eyewitness testimonies, in compensation claims.

ORAL JUDGMENT

This appeal is filed by the appellant/claimant challenging the judgment and award dated 10.03.2017 passed in MVC No.1258/2013, by the Additional Motor Accident Claims Tribunal, Bangalore.

2. The injured claimant filed a claim petition seeking compensation for injuries sustained in an accident before the Tribunal. The Tribunal after considering the entire evidence on record granted claiming compensation of Rs.12,80,000/- along with interest 18% per annum, however, the Tribunal dismissed the petition.

3. It was mainly contended by the appellant that she was traveling with her mother and that she is an eye- witness to the accident, but she was not examined and accordingly, adverse inference was drawn under Section 114(g) of the Evidence Act, and the application was dismissed on the ground that she could not prove the accident. Aggrieved by the said order, this appeal is preferred.

4. Learned counsel for the appellant has requested this Court to remand the matter, as the appellant intended to examine her mother, who is an eye-witness, before the Tribunal. Therefore, the matter is remanded back to the Tribunal.

5. It is held that the Insurance Company is not liable to pay the compensation from the date of order untill today i.e., from 10.03.2017 to 16.09.2025. Accordingly, the matter is remanded to the Tribunal with a specific direction to give a reasonable opportunity to both parties to adduce evidence and advance arguments. The Tribunal is further directed to dispose of the matter on merits, by duly considering the evidence on record, within a period of three months from the date of receipt of this order.

6. Registry is directed to send back the records to the Tribunal within ten days.