BASAVARAJ Vs. V. CHETHAN

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 8.2.2019 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 1.10.2016 when the claimant and his two friends were doing coolie work in the house of Vedananda Murthy at about 5.00 p.m. the driver of the Earth Mover JCB bearing Reg.No.KA- 18-N-9703 drove the same in a rash and negligent manner and without taking proper care and caution, turned the JCB front and back and in that process the backside cradle of JCB hit 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 doing coolie work, mason work and agricultural work and was earning Rs.30,000/- 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.