H.K.SHIVARAMU Vs. H.S.SHIVARAMUM

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 26.11.2015 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 06.03.2013, the claimant was proceeding on his CT 100 motorcycle bearing registration No.KA-11/R-4780 from Thorebommanahalli Village, on Thorebommanahalli Puttegowdanadoddi road. When he reached in front of Milk diary near Manteswamy Temple at Honnanayakanahalli village, at that time, one Hero Honda Passion Plus motorcycle bearing registration No.KA-03/EZ-8443 being driven by its rider at a high speed and in a rash and negligent manner, came from the same direction and suddenly took his vehicle on the right side without giving any signal and dashed against the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

(3.) The claimant filed a petition under Section 166 of the Act on the ground that he was an agriculturist, earning Rs.5,00,000/- per annum and in addition to that he was also rearing cows and was earning Rs.20,000/- per month. 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 riding of the offending vehicle by its rider.