MANAGER Vs. KYATHAPPA C

JUDGEMENT

(1.) The insurer as well as the claimant are before this Court challenging the judgment and award dated 26.10.2018 passed in MVC No.675/2017 on the file of the Court of Senior Civil Judge and Addl. MACT, Sira ('Tribunal' for short).

(2.) The claimant instituted petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the injuries sustained by him in the motor vehicle accident which occurred on 23.04.2017.

(3.) It was contended in the petition that on 23.04.2017 at about 2.30 a.m., when he along with son of his cousin by name Girish were proceeding on the motorcycle bearing registration No.KA-06-EH-1988 from Madhugiri to Sira on Madhugiri - Sira road, when they reached near Borasandra Gate near Muganahalli- Gollarahatti gate, the speeding Maruthi Car bearing registration No.KA-02-MH-1767 (offending vehicle) crashed to the said motorcycle which was ridden by the claimant - injured. As a result, the claimant and the pillion rider fell down on the road and sustained grievous injuries. Immediately, they were shifted to Government Hospital, Sira and first-aid treatment was given to him and thereafter as per the advise of the duty doctor, the claimant was shifted to Jain Institute of Science, Care and Research, Bengaluru for higher treatment where he was admitted as an inpatient and taken treatment by incurring huge medical expenses.