[2026:RJ-JP:10796] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 6399/2017 Smt. Kamlesh W/o Shri Om Prakash, R/o Village Mosima, Police Station Deeg, Distt. Bharatpur, At Present R/o Plot No. A-79, Varun Vihar, Meena Paldi, Agra Road, Jaipur Raj. ----Appellant Versus 1. Lal Singh S/o Shri Ram Singh, R/o Village Badripur, Teh. Deeg, Distt. Bharatpur Raj. At The Time Of Accident, Driver And Owner Of Vehicle Motor Cycle No. Rj-05-3M-1265 (Dur- ing Course Of Trial Expired) 1/1. Bharat Singh @ Bablu S/o Lt. Lal Singh 1/2. Jagat Singh @ Rinku S/o Lt. Lal Singh 1/3. Digambar Singh @ Dabbu S/o Lt. Lal Singh 1/4. Jyoti D/o Lt. Lal Singh All resident of Village Badripur, Tehsil Deeg, Distt. Bharat- pur, Rajasthan. 2. Through Manager, National Insurance Company Limited, Re- gional Manager, L.i.c. Building, Ambedkar Circle, Jaipur At The Time Of Accident, Insurance Company Of Vehicle Motor Cycle No. Rj-05-3M-1265 ----Respondents For Appellant(s) : Mr. Mahesh Gauttam For Respondent(s) : Mr. Rajeev Bhushan Bansal HON'BLE MR. JUSTICE SANDEEP TANEJA Order 13/03/2026 1. The present appeal has been filed by the claimant-appellant (for short “the claimant”) against the judgment dated 05.10.2016, passed by the learned Motor Accident Claims Tribunal and Additional District and Sessions Judge No.4, Jaipur District, Jaipur (for short “the Tribunal”) in MAC Case No.90/2013, whereby the learned Tribunal dismissed the claim petition filed by the claimant on the ground that the claimant failed to adduce the evidence to prove her claim. [2026:RJ-JP:10796] (2 of 3) [CMA-6399/2017] 2. Learned counsel for the claimant submitted that due to unavoidable circumstances, the claimant could not adduce the evidence before the learned Tribunal. Hence, in the interest of justice, the present appeal may be allowed and the claimant be allowed to adduce the evidence before the learned Tribunal in order to prove her case. 3. On the other hand, learned counsel for the respondents has opposed the arguments advanced by learned counsel for the claimant and submitted that the learned Tribunal had granted ample opportunities to the claimant for adducing the evidence but the claimant failed to adduce evidence before the learned Tribunal, therefore, the learned Tribunal has rightly dismissed the aforesaid claim petition and prayed to dismiss the present appeal. 4. Heard the learned counsel for both the parties and perused the material available on record. 5. From a perusal of the record, it is clear that ample opportunities were given to the claimant but the claimant failed to lead the evidence in support of her claim. However, in the interest of justice, this Court deems it appropriate to grant further opportunity to the claimant to lead the evidence. 6. Accordingly, the instant appeal filed by the claimant is allowed. The impugned judgment dated 05.10.2016 is set aside and the matter is remanded back to the learned Tribunal to decide the claim petition afresh after giving not more than two opportunities to the claimant for adducing the evidence. 7. It is made clear that no further opportunity shall be granted by the learned Tribunal to the claimant for adducing the evidence. It is further made clear that period commencing from 05.10.2016 [2026:RJ-JP:10796] (3 of 3) [CMA-6399/2017] till today shall not be counted for the purpose of calculating interest on the compensation, if any, awarded by the learned Tribunal after due adjudication of the aforesaid claim petition. 8. It goes without saying that the respondents shall also be entitled to adduce the evidence before the learned Tribunal in accordance with law. 9. Both the parties are directed to appear before the learned Tribunal on 20.04.2026. 10. Pending applications, if any, also stand disposed of. 11. Registry is directed to supply a certified copy of this order to the learned Tribunal. 12. Record of the learned Tribunal be sent back forthwith. (SANDEEP TANEJA),J SKS/133