JAYARAM Vs. UMESH B.N.

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimant being aggrieved by the judgment dated 5.11.2013 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 7.6.2009, when the claimant along with others was proceeding to Kalambali, Udupi to attend the marriage function in a Toyota Innova Car bearing Registration KA-02-D-9969 as paid passengers and when they reached near Basavanahalli Gate, NH206, Hassan, at that time, the driver of the said car drove the same at a high speed in a rash and negligent manner and dashed against the stationed lorry bearing No.KA-45-805. Due to the accident, the claimant sustained injuries and was hospitalized.

(3.) The claimant filed claim petition under Section 166 of the Act on the ground that he was working as a Two wheeler mechanic and was earning Rs.6,000/- p.m. It was pleaded that he also spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver. The respondent Nos.1 & 3 being owners and respondent Nos.2 and 4 insurers are liable to compensate the claimant.