2025:HHC:14065 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 736 of 2024 Date of decision : 14.5.2025. Devki Devi & others ...Petitioners. Versus HRTC & others ...Respondents. Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the petitioners : Mr. Hemant K. Thakur & Mr. Rajesh Sharma, Advocates. For the respondents : Mr. Raman Jamalta, Advocate, for respondents No. 1 and 2. Mr. Mukesh Sharma, Advocate, for respondent No.3. Satyen Vaidya, Judge (oral): The petitioners have assailed order dated 22.2.2024, passed by the learned Motor Accident Claims Tribunal in MAC Case No. 143 of 2022, whereby the petitioners were declined further opportunity to lead evidence and the petition has been dismissed for want of prosecution. 2. The petitioners have submitted by way of specific averments made in the instant petition that they 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- could not lead evidence on the date fixed as they were unable to reach the Tribunal due to snow fall in the area. 3. Though, the impugned order does not reveal any such submission made by the learned counsel for the petitioners before the learned Tribunal, however, keeping in view the fact that the petitioners belong to remote area of the State, which is snow bound, the plea raised by the petitioners cannot be ignored all together. 4. The petitioners have claimed compensation on account of death of the bread earner of the family. As noticed above, the petitioners belong to remote area of the State. There is also nothing on record to suggest that the petitioners are persons with sufficient means. In view of the fact that the petitioners have approached the learned Tribunal for compensation in terms of the provisions of a legislation which has benevolent purpose behind it, the interest of justice will be served by affording the petitioners another opportunity to prove their case by leading evidence. 5. Accordingly, the petition is allowed. Order dated 4.12.2023 is set aside. The MAC Case No. 143 of 2022 is -3- ordered to be restored to its original number. The parties are directed to appear before the learned Motor Accident Claims Tribunal, Shimla on 2.6.2025, on which date, the learned Tribunal will fix a date for the purpose of petitioners evidence. The petitioners shall produce their entire evidence on the date so fixed by the learned Tribunal. In case, the petitioners require the assistance of the Court, the same shall be provided by the learned Tribunal by summoning the witnesses, if any. 6. The petition is accordingly disposed of. Pending applications, if any, also stand disposed of. (Satyen Vaidya) Judge 14th May, 2025 (kck)