IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.104 of 2025 Decided on: 23.06.2025 Updesho Devi ….Petitioner Versus Balvinder Singh & another ...Respondents Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioner: Mr. Shyam Singh Chauhan, Advocate. For the respondents: Mr. Abhishek Verma, Advocate, for respondent No.1. Mr. Ravinder Thakur, Advocate vice Ms.Rajvinder Sandhu, Advocate, for respondent No.2. Satyen Vaidya, Judge (Oral) The instant petition has been filed by one Updesho Devi, whose husband Rohit Kumar is claimant in MACT Petition No.195 of 2019, pending on the files of learned Motor Accident Claims Tribunal, Paonta Sahib, District Sirmaur, H.P. 2. Evidently, the claim petition was filed in the year 2019 by the claimant himself. One of the injuries allegedly received by claimant Rohit Kumar was a head injury. It is averred in the claim petition that the petitioner had suffered paralytic stroke. There is no averment in the petition that the petitioner had suffered psychiatric issues on account of injuries suffered in the accident. 2 3. Claimant Rohit Kumar, however, has examined one witness PW-1 Dr. Manmohan Tomar, (Assistant Professor, Medicine Department, Medical College, Nahan) as a witness to prove disability certificate Ext. P-1/PW-1. As per statement of this witness, Rohit Kumar was suffering from mental disorder whose examination was got conducted through clinical Psychologist as there was no Psychiatrist available. 4. Based upon above evidence, the wife of claimant Rohit Kumar approached learned Tribunal with an application to appoint her as Guardian of the claimant. Learned Tribunal has declined the prayer on the ground that there was no medical opinion on record to suggest that the claimant was not in a position to depose in the case. 5. Having considered the material placed on record, I find no reason to interfere in the impugned order. Except for the statement of PW-1 and disability certificate Ext. P-1/PW-1, there was nothing on record before the learned Tribunal to assess the averments made in the application for appointment of Guardian. The disability certificate also does not suggest the exact nature of disability, more particularly, inability, if any, of claimant to make deposition in the Court. 3 6. That being so, the instant petition is dismissed. However, it shall be open to the petitioner herein to pray for appointment of Guardian ad litem for the claimant at appropriate stage with material to support the claim. 7. Accordingly the petition is disposed of along with pending application, if any. ( Satyen Vaidya ) Judge June 23, 2025 (vt)