SUNIL KUMAR Vs. WILFRED FERNANDES

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 28.03.2012 passed by the Motor Accident Claims Tribunal, Mangalore, D.K., in MVC No.1356/2010.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 31.08.2010 at about 6.30 p.m., the claimant was traveling as a fare paying passenger along with his family in the auto rickshaw bearing registration No.KA-19/B-583 towards Kottara Chowki from K.P.T. side. When the vehicle reached near Fire Service station at Kuntikana on NH 17, the driver negligently applied brake and due to the over speed, the auto rickshaw capsized on the road colluding with a car bearing registration No.KA-19/P- 7837 from behind. 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 auto rickshaw by its driver.