JUDGMENT :

This appeal is preferred by the claimant aggrieved by the judgment and award dated 28.11.2013 passed by the Principal Senior Civil Judge and Additional Motor Accident Claims Tribunal, Gokak, in MVC No.2706/2011. This appeal is premised on the ground of arbitrary dismissal of the claim petition without application of mind by the Tribunal and for awarding suitable compensation,

2. Though this matter is listed for admission, with consent of learned counsel on both sides, matter is taken up for final disposal.

3. Parties to the appeal shall be referred to as per their status before the Tribunal.

4. Brief facts of the case:

On 26.01.2010, when the claimant along with his relatives had been to Hubli on private work in a Jeep bearing Registration No. KA-23 / M-3312 and when they were returning to Gokak at about 11.30pm, near Kurubagatti Cross on Gokak Yaragatti Road the driver of the jeep drove the vehicle in a rash and negligent manner.

At the same time, a tractor coming from the opposite side lost control over the same and dashed against the jeep resulting in accident, due to which claimant sustained grievous injuries.

5. Immediately, he was taken to the hospital for treatment, he