PUNYASHREE H. Vs. JAYAMMA

JUDGEMENT

(1.) Mfa 2042/2017 has been filed by the claimant whereas MFA 3380/2017 has been filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) being aggrieved by the judgment dated 22.9.2016 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeals briefly stated are that on 1.6.2007 at about 10.30 p.m. when the claimant along with her family members were traveling in Car bearing Registration No.KA-06-N-9198 from Tumkur-Bangalore NH4 road, near Budihalli Gate, at that time, the driver of the said car drove the same at a high speed and in a rash and negligent manner and caused accident. 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 she had completed SSLC in Distinction and joined MES College Bangalore. It was pleaded that she 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 car by its driver. On service of notice, the respondent No.2 filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself is false and frivolous in the eye of law. It was further pleaded that the accident was due to the rash and negligent driving of the car by its driver. The driver of the car had no valid and effective driving licence. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition. The respondent No.1 did not appear before the Tribunal inspite of service of notice and was placed ex-parte.