CRP(IO)/10/2026 of ABDUL HUSSAIN Vs JAYNAL ABDIN AND ANR on 21 June 2026

ORDER

22.06.2026

Heard Mr. S.K. Poddar, learned counsel for the petitioner. Also heard Mr. T. Kalita, learned counsel for the respondent no.2/insurance company. It is pointed out that as per the tracking and delivery report, the notice upon respondent No. 1/owner-cum-driver, has already been served. The instant application has been filed under Section Article 227 of the Constitution of India, read with 151 of the CPC 1908, aggrieved by the order dated 17.12.2025 passed by the learned Member, M. A. C. T. Barpeta, in M.A.C. case No.438 of 2022 - whereby the prayer of the claimant/ petitioner to adduce additional evidence (vide petition No. 5135 of 2025) was rejected. It is submitted by Mr. Poddar, learned counsel for the claimant/petitioner submits that due to the injuries sustained - subsequently, the claimant's right leg was amputated below the knee and he wants to adduce documents pertaining to the same by way of additional evidence; which, however was not allowed by the learned Tribunal. This court has been taken to the relevant impugned order dated 17.12.2025 and also the copy of the petition which was filed to adduce such additional evidence. It is stated in the revision petition that the right leg of the petitioner/claimant was amputated on 25.11.2025 at Midland Hospital, Guwahati, whereafter, he has suffering from permanent disability. The learned counsel for respondent no.2/insurance company submits that certain factual aspects has been mentioned in the impugned order and in the context of the same, records may be necessary for adjudication of the same or adjudication of the present revision petition. It is submitted by both sides that the case case has reached the stage of respondent evidence, which however has not yet begun. The learned counsel for the claimant/ petitioner submits that on the basis of the materials available with the Court at this stage, the matter can perhaps be disposed of. I have perused the relevant materials and considered the rival submissions. In the context of the amputation of his right leg stated to have been undergone by the claimant, though there is some delay in adducing evidence on his part during the claim proceeding, as noticed by the learned Tribunal - it would be fair and just to allow him to bring on record the necessary documents, pertaining to such amputation of his right leg, which is undoubtedly a serious matter. In such view of the matter, the impugned order 17.12.2025 is hereby set aside and the petitioner as claimant may be allowed to adduce additional evidence, and incorporating the documents pertaining to the aforesaid medical development regarding amputation - in the interest of fair just and complete adjudication of the claim proceeding. The interim order was passed for stay of further proceedings in the case. The interim order is vacated and the claim case may now proceed. The claimant petitioner shall appear before the learned concerned Tribunal on 14.07.2026. Accordingly, civil revision stands allowed and disposed of.

JUDGE Comparing Assistant