LAWS(BOM)-2023-6-1164

KATU DHOLO GAONKAR Vs. RAVI M. MUKHIYER P

Decided On June 13, 2023
Katu Dholo Gaonkar Appellant
V/S
Ravi M. Mukhiyer P Respondents

JUDGEMENT

(1.) Heard Mr Redkar, learned counsel for the Appellant.

(2.) Mr Redkar states that the service is complete in this matter. Despite service, the Respondents have neither been present nor represented.

(3.) The challenge in this appeal is to the judgment and award dtd. 19/7/2018 made by the tribunal dismissing the Claim Petition No.44/2016 on the ground that the Appellant had failed to establish that the accident in which the Appellant claims to have suffered injuries was due to negligence of the truck driver. The tribunal also held that the claim petition deserves to be dismissed for non-joinder of necessary parties, i.e. the driver and owner of Bajaj Discover motor cycle bearing No. KA-30-Q-4674 on which the Appellant was riding pillion. The Tribunal has held that there was material suppression on the part of the Appellant.