SEBASTIAN Vs. P.J. VARGHESE AND OTHERS

JUDGEMENT

(1.) Review petitioner preferred an appeal before this Court against the dismissal of O.P.(MV) No.354 of 2013 by the Motor Accidents Claims Tribunal, Thodupuzha. His case in brief is that on 23.10.2011, at about 3.45 pm, while he was loading bamboo poles in a mini lorry, owned by the 2nd respondent, driver of the lorry negligently took the vehicle forward, without giving any warning to the persons loading the bamboo poles on the platform. Due to the negligent act of the driver, the petitioner fell down and sustained grievous injuries.

(2.) Driver and owner of the vehicle remained absent. The Insurance Company contested the case. It is stated that the review petitioner has no right to get compensation as he was not an employee of the owner of the vehicle. A criminal case registered in this connection had been referred by the Police finding that the allegations therein are untrue.

(3.) Accepting the contentions raised by the Insurance Company, the Tribunal dismissed the claim petition.