LAWS(RAJ)-2013-9-97

BITTU Vs. HUKUM CHAND

Decided On September 02, 2013
BITTU Appellant
V/S
HUKUM CHAND Respondents

JUDGEMENT

(1.) THE appellant claimant, Bittu, is aggrieved by award dated 8.10.2009 passed by the Motor Accident Claims Tribunal, Kishangarhbas (Alwar) whereby the learned Tribunal has dismissed the Claim Petition filed by the appellant.

(2.) BRIEFLY , the facts of the case are that on 15.6.2007, around 5:30pm, the appellant was walking on the road in order to reach his field. While he was walking, a motorcycle, bearing registration No.RJ 02 SC 7527, being driven rashly and negligently, came and hit him. Consequently, the appellant suffered a fracture of his backbone, and also suffered other grievous injuries. Initially he was hospitalised at Khairthal, but subsequently he was referred to S.M.S. Hospital at Jaipur. Since the appellant had suffered injuries due to a vehicular accident, he filed a claim petition before the learned Tribunal. In order to buttress his claim, the appellant examined three witnesses, including himself, and submitted a few documents. The respondent Insurance Company neither examined any witness, nor submitted any document. However, after going through the oral and documentary evidence, the learned Tribunal dismissed the appellant's claim petition. Hence this appeal before this Court.

(3.) HEARD the learned counsel for the appellant, and perused the impugned award.