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.

4

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,