HANAMANT Vs. ANIL

JUDGEMENT

(1.) This appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act (for short 'the Act') aggrieved by the judgment and award dated 19.12.2017 passed by III-Additional District Judge and Motor Accident Claims Tribunal No.IV, Vijayapura, (for short hereinafter referred to as 'the Tribunal') in MVC No.403/2016.

(2.) Parties are referred as per their ranking before the Tribunal.

(3.) Facts giving rise to filing of this appeal are as under: On 28.10.2015 at about 1.30 p.m., on KolharVijayapura road, when the claimant in MVC No.404/2016 was riding the motorcycle bearing registration No.KA-28/V-5447 along with pillion rider i.e., the claimant in MVC No.403/2016, the driver of the Tata Sumo bearing registration No.KA-25/B-6706 came from opposite direction in a rash and negligent manner and dashed against the motorcycle. Due to which, the claimant fell down and sustained injuries as shown in the wound certificate. The claimant was admitted at Miraj Hospital for treatment and spent huge amount. The claimant was doing agricultural and coolie work and earning Rs.12,000/- per month. Due to accidental injuries, he is unable to do the said work as before and became permanently disabled and lost his earning capacity. The accident solely caused due to rash and negligent driving of Tata sumo vehicle bearing registration No.KA-25/B-6706 driven by its driver. Claimant has filed the claim petition under section 166 of Motor Vehicles Act seeking for compensation due to injuries sustained in the road traffic accident.