MADHUSUDAN KUMAR Vs. BABY KUTTI AND ORS.

JUDGEMENT

(1.) Challenge in this appeal is to the award dated, 05.08.2014, passed in Motor Accident Claim Case No.80/2013, passed by the VIth Additional Motor Accidents Claims Tribunal, Durg, District Durg (C.G.).

(2.) Briefly stated facts of the case are that a claim petition was filed by the appellant, Madhusudan Kumar on account of the injuries sustained by him in the road accident occurred on 27.04.2010. It was stated that during his duty hours, the appellant was dashed by a jeep bearing registration No. C.G.-07M-1668, which was driven by the original non-applicant No.1, Baby Kutti. It was stated that the appellant was admitted to the hospital from 27.04.2010 to 12.05.2010. Consequently, the claim petition was preferred before the Claims Tribunal for compensation against the driver, owner and the insurer of the offending vehicle.

(3.) Learned counsel for the appellant submits that the claim petition is dismissed on the ground that no evidence was adduced. He further submits that the claimant may be given one opportunity to led evidence taking into the benevolent provisions of the Motor Vehicle Act.