LAKSHMIKANTHA Vs. BAJAJ ALIANZ GENERAL INSURANCE CO LTD

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 28.12.2018 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 22.08.2016 at about 2.00 pm, when the claimant was proceeding on his motorcycle bearing registration no.KA-06/EJ-4785 from Sira to Tumkur N.H.48 road and when he reached Girenahalli gate, opposite to petrol bunk, at that time, the driver of the lorry bearing registration no.NL-01/N-2442 came in a rash and negligent manner in front of the above said motorcycle and all of a sudden applied brake without giving any signal and as a result of it, the appellant lost control over the said motorcycle and dashed to the lorry from its backside and as such he fell down from the motorcycle. 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 seeking compensation. It was pleaded that he 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.