[2026:RJ-JP:14528] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1328/2011 Kumari Garima Babbar D/o Shri Ravindra Kumar Babbar, R/o Plot No. 301, Guru Ramdas Marg, Adarsh Nagar, Jaipur ----Claimant-Appellant Versus 1. Shailendra Kasliwal S/o Shri Gulabchand Kasliwal, R/o Plot No. A-55, Janta Colony, Jaipur. (Driver) 2. M/s Jain Agency, Dooni House, Film Colony, Chourah Rasta Jaipur, Through Its Partner Gulabchand Kasliwal. (Owner) 3. The New India Insurance Company Limited, Regional Office At Nehru Place Tonk Road, Jaipur. (Insurer) ----Respondents Connected With S.B. Civil Miscellaneous Appeal No. 1339/2011 Smt Kusum Babbar W/o Shri Ravindra Kumar Babbar, Aged About 50 Years, R/o Plot No. 301, Guru Ramdas Marg, Adarsh Nagar, Jaipur ----Claimant-Appellant Versus 1. Shailendra Kasliwal S/o Shri Gulabchand Kasliwal, R/o Plot No. A-55, Janta Colony, Jaipur (Driver) 2. M/s Jain Agency, Dooni House, Film Colony, Chaura Rasta, Jaipur, Through Its Parther Gulabchand Kasliwal (Owner) 3. The New India Insurance Company Limited, Regional Office At Nehru Place, Tonk Road, Jaipur (Insurer) ----Respondents For Appellant(s) : Mr. Anoop Agarwal For Respondent(s) : Mr. Om Prakash Gupta [2026:RJ-JP:14528] (2 of 4) [CMA-1328/2011] HON'BLE MR. JUSTICE SANDEEP TANEJA Order 08/04/2026 1. Both these appeals have been filed by the claimants- appellants (for short ‘claimants’) against the common judgment dated 30.11.2010 passed by the learned Additional District Judge (Fast Track) No.6, Jaipur City, Jaipur (for short ‘Tribunal’) in Claim Petition Nos.243/2006 & 242/2006, whereby the learned Tribunal dismissed the claim petitions filed by the claimants on the ground that the claimants failed to adduce the evidence to prove their claim. 2. Brief facts of the case are that the claimants filed two separate claim petitions stating therein that on 07.07.2004, they were travelling on a scooter bearing registration No.RJ-14-34-M- 9726 and when they reached Govind Marg from Guru Teg Bahadur road, a Centro car bearing registration No.RJ-14-7C-0028, being driven by Respondent No.1 in rash and negligent manner, came from the wrong side and hit the claimants' scooter. As a result of the accident, both the claimants sustained injuries. 3. On the basis of the pleadings of the parties, issues were framed by the learned Tribunal on 13.11.2006. However, despite granting several opportunities, the claimants failed to produce any evidence in support of their case, as a result of which, the claim petitions were dismissed for want of evidence. Subsequently, applications filed by the claimants under Order IX Rule 9 CPC were allowed and claim petitions were restored but even thereafter, the claimants again failed to produce any oral as well as documentary evidence before the learned Tribunal, therefore, the claim petitions filed by the claimants were again dismissed for want of evidence. [2026:RJ-JP:14528] (3 of 4) [CMA-1328/2011] 4. Learned counsel for the claimants has submitted that due to unavoidable circumstances, the claimants could not adduce the evidence before the learned Tribunal. Hence, in the interest of justice, the present appeals may be allowed and the claimants’ be allowed to adduce the evidence before the learned Tribunal so that the claimants can prove their case. 5. On the other hand, learned counsel for the respondents has opposed the arguments advanced by learned counsel for the claimants and has submitted that the learned Tribunal had granted ample opportunities to the claimants for adducing the evidence but the claimants failed to adduce evidence before the learned Tribunal, therefore, the learned Tribunal rightly dismissed the aforesaid claim petitions and has prayed to dismiss present appeals. 6. Heard the learned counsel for the parties and perused the material available on record. 7. From a perusal of the record, it is clear that ample opportunities were given to the claimants but the claimants failed to lead the evidence in support of their claims. However, in the interest of justice, this Court deems it appropriate to grant one opportunity to the claimants to lead the evidence. 8. Accordingly, the present appeals filed by the claimants are allowed. The impugned judgment dated 30.11.2010 is set aside and the matters are remanded to the concerned Tribunal to decide the claim petitions afresh after giving only one opportunity to the claimant for adducing the evidence. 9. It is directed that the claimants shall not be entitled for interest on the compensation, if any, awarded by the learned [2026:RJ-JP:14528] (4 of 4) [CMA-1328/2011] Tribunal after due adjudication of the aforesaid claim petitions, for the period commencing from the date of dismissal of the claim petitions by the learned Tribunal i.e. 30.11.2010 till today. 10. It is made clear that in case, the claimants fail to lead the evidence, no further opportunity shall be granted to the claimants by the learned Tribunal for adducing the evidence. 11. It goes without saying that the respondents shall also be entitled to adduce the evidence before the learned Tribunal in accordance with law. 12. Both the parties are directed to appear before the concerned Tribunal on 25.05.2026. 13. Pending applications, if any, also stand disposed of. 14. Registry is directed to supply a certified copy of this order to the concerned Tribunal. 15. Registry is directed to send back the record to the concerned Tribunal forthwith. (SANDEEP TANEJA),J AVINASH GULERIA /10-11