K. SURESH Vs. AGNIBH MUDI

JUDGEMENT

(1.) This appeal has been filed challenging the Award dtd. 9/7/2020 (hereinafter referred to as the 'Impugned Award') passed by the learned Motor Accidents Claims Tribunal, South East District, Saket Courts, Delhi (hereinafter referred to as the 'Tribunal') in MACT No. 37/2017, titled K. Suresh v. Agnibh Mudi and Ors.

(2.) By the Impugned Award, the Claim Petition filed by the appellant herein has been dismissed by the learned Tribunal, holding that the appellant had been unable to prove that the accident in question had taken place due to the rash and negligent driving of the car bearing registration no. DL-2CAU-7214 (hereinafter referred to as the Offending Vehicle).

(3.) It is the admitted case of the parties that while the appellant was trying to cross the Offending Vehicle from the left side, the co-passenger in the Offending Vehicle had opened the door of the Offending Vehicle on the left side, resulting in the accident. It is also admitted that the Offending Vehicle was in a stationary position when the accident occurred. The learned Tribunal has held that the Claim Petition was not maintainable as the driver of the Offending Vehicle could not be said to be driving the Offending Vehicle in a rash and negligent manner.