MELWIN MATHIAS Vs. ASHOK KUMAR THAKUR

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 03.07.2015 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 07.08.2014 at about 8.45 a.m., the appellant was waiting to cross Ramanamaharshi road, Sadashivanagar in front of Tripura Vasini gate to proceed towards Sadashivangarar with care and caution, at that time, the rider of the motor cycle bearing No.BR-06/R3242 came from North to South direction with high speed in rash and negligent manner and dashed to the appellant. 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.