LAWS(DLH)-2012-3-278

NAFE SINGH Vs. NARESH KUMAR

Decided On March 26, 2012
NAFE SINGH Appellant
V/S
NARESH KUMAR Respondents

JUDGEMENT

(1.) THE Petitioner assails the order dated 06.02.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby an application dated 03.09.2011 (in fact the application is dated 01.09.2011 and was moved on 03.09.2011) seeking leave of the Court to produce additional evidence was dismissed.

(2.) A Claim Petition seeking compensation of Rs. 12,00,000/- was filed by the Petitioner for having suffered injuries in an accident while he was travelling in a tempo bearing No.DL-1LB-5252. It is important to note that the accident is alleged to have taken place on 18.09.1996.

(3.) IN the Claim Petition, the Petitioner (who was a mason) stated that on 18.09.1996, the Petitioner picked up a tempo on hire basis and loaded his bag of tools after completing his work at Adarsh Nagar. It would be the subject matter of a decision before the Claims Tribunal whether a person carrying tools in a bag becomes an owner of the goods travelling in a goods vehicle. Suffice it to say that the Petitioner is delaying and consistently improving his case. Thus, the Claims Tribunal was justified in declining him permission to lead additional evidence by setting up a new case.