SONU KUMAR Vs. RATAN LAL GURJAR & ORS

JUDGEMENT

(1.) The claimant/appellant Sonu Kumar has challenged the award dated 24.01.2013 passed by the Motor Accident Claims Tribunal, Sambhar Lake, District Jaipur, whereby the learned Tribunal has dismissed his claim petition.

(2.) The brief facts of the case are that on 21.3.2009, while the appellant-claimant was going to his school, along with his relative Rajesh Kumar, a pick up truck, bearing Registration No. RJ-14 GA 9803, came from the Ajmer side, in a rash and negligent manner, and hit him in the back. Consequently, he suffered grievous injuries. A FIR was lodged at police station Dudu.

(3.) Since the appellant-claimant had suffered injuries, he filed a claim petition. However, he neither produced any witness, nor submitted any documentary evidence to prove his case. The issues were framed on 25.09.2011. Subsequently, the learned Tribunal gave ample opportunities to the appellant to establish his case. The case was listed before the Tribunal on 24.11.2011, 19.01.2012, 12.04.2012, 05.07.2012, 06.09.2012, 08.11.2012 and on 24.01.2013. The last opportunity to submit his evidence was given on 06.09.2012. When the case was listed on 08.11.2012, a cost of Rs. 100 was imposed and again an opportunity was given to him to submit his evidence. Despite a large number of opportunities being given to him to produce his evidence, he failed to do so. Therefore, the learned Tribunal dismissed his claim petition. Hence this appeal before this Court.