SUKUMARAN NAIR Vs. MANAGING DIRECTOR MANAGING DIRECTOR

JUDGEMENT

(1.) THIS appeal is filed by the appellant, who is the petitioner in the lower court, against the award passed by the Motor Accidents Claims Tribunal, Thiruvananthapuram, in OP (MV) No.433/1999. He claimed damages for the damage caused to his building on account of the hitting of his building by a KSRTC bus with Registration No.KL-15/440, owned by the first respondent Corporation and driven by the second respondent.

(2.) THE Tribunal, after consideration of the evidence, found that there is no document produced by the applicant to prove that he is the owner of the building and he is conducting hotel business there, as claimed by him and accordingly dismissed the claim petition. Aggrieved by the same, the present appeal has been preferred by the appellant-dissatisfied petitioner before the Tribunal.

(3.) HEARD the learned counsel for the appellant and also the learned counsel for the respondent. The learned counsel for the appellant submitted that the lower court has not properly considered the evidence of PW2 and now, he has filed an application to receive a document to show that he is the owner of the building and prayed for an opportunity to adduce further evidence before the lower court and also prayed for a remand for that purpose.