THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CIVIL REVISION PETITION No.1341 of 2025

O R D E R

This Civil Revision Petition is filed by the petitioners/claimants challenging the order in I.A.No.72 of 2025 in M.V.O.P.No.23 of 2019, dated 12.02.2025 passed by the Court of Motor Accidents Claims Tribunal-cum-I Additional District Judge, Mahabubnagar. By the impugned order, the application filed by the petitioners seeking to re-open the petitioners evidence for adducing further evidence was dismissed.

02. Heard Mr.K.Venkatesh Gupta, learned counsel for the petitioners. None appeared on behalf of respondents.

Perused the record.

03. The impugned order passed by the trial Court is as follows:

This petition is coming for petitioners evidence from

28.01.2021, the petitioner did not get ready for several adjournments. On 08 12.2022 cost was imposed but even then the petitioner did not get ready. Finally on 09.03.2023 PW1 examined in Chief and cross was deferred from time to time either because the respondent did not get ready or the PW1 did not attend. The docket order further shows that from 12.10.2023 to Later on pretext that 4th petitioner died, for sake of amendment petitioner took time upto 20.08.2024. Thereafter on 20.11.2024 when the matter is coming for appearance of PW1, the witness did not appear as such on costs of Rs.100/- matter posted to 13.12.2024 and finally on that day the witness was present and cross examined. When the matter is posted on 09.01.2025 for further evidence of petitioner, there is no representation by the petitioner, as such petitioners evidence was closed and accordingly, petition was dismissed.

04. Learned counsel for the petitioners submits that the copy of R.O.R is necessary document to prove the case of the claimants and the deceased owns agricultural land and was doing agriculture. The copy of the document sought to be produced is the public document and as such, it can be received in evidence for just and proper adjudication of the matter. The impugned order suffers from perversity and dismissal of the petition would cause great hardship to the petitioners and hence prayed to allow the Civil Revision Petition.

05. Upon perusal of the impugned order and the submission of the learned counsel for the petitioners, this Court opines that since the PW1 was cross examined on 13.12.2024 and the matter is coming for further evidence of PW1, no prejudice would be caused if one more opportunity is given to the PW1 to adduce evidence. Hence, for proper adjudication of the matter, this Court is inclined to allow this Civil Revision Petition and the learned trial Court is directed to conduct the trial by granting an opportunity for further evidence of PW1 by fixing a specific date. It is needless to say that the otherside shall be given ample opportunity for cross-examining PW1. However, if the petitioner fails to appear and adduce evidence and cooperate with the trial on the date so specified by the concerned trial Court, this Order shall stand cancelled.

06. With the above directions, this Civil Revision Petition is allowed setting aside the Order passed by the learned trial Court dated 12.02.2025 in I.A.No.72 of 2025 in M.V.O.P.No.23 of

2019.

Miscellaneous applications, if any pending, shall also stand closed.

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JUVVADI SRIDEVI, J Date: 17.04.2025 BV