ROSHAN KANCHAN Vs. NAVEEN KUMAR

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicle Act,1988 (hereinafter referred to as 'the Act' for short) has been filed by the injured claimant against the judgment dated 19.02.2019 passed by the Motor Accident Claims Tribunal in MVC No.1861/2016 (hereinafter referred to as 'the Tribunal' for short), by which the claim petition preferred by the claimant has been dismissed.

(2.) Facts leading to the filing of the appeal briefly stated are that on 17.04.2016, the claimant - Roshan Kanchan was proceeding as a pillion rider on motorcycle bearing Registration No.KA-19-ED-1370 along with the rider Naveen Kumar near Chitrapura Dwara, Meenakaliya Village. At that time, the rider of the aforesaid motorcycle who was riding the motorcycle in a rash and negligent manner, suddenly applied brakes to the motorcycle due to which the claimant fell down and grievous sustained injuries. Thereafter, the claimant was shifted to AJ Hospital further treatment where he remained an inpatient from 17.04.2016 to 05.07.2016.

(3.) The claimant filed a petition under Section 166 of the Act on the ground that he was aged about 32 years at the time of accident and was working as a helper and was earning Rs.1,000/- per day. It was further pleaded that the accident took place on account of rash and negligent riding of the motorcycle, by its rider. However, on account of the injuries sustained in the accident, the claimant pleaded that he is in unable to work as before and has been deprived of his future earnings and amenities in life. Accordingly, the compensation to the tune of Rs.40,00,000/- was claimed along with interest.