BINUB Vs. FRANCIS CUTINHO

JUDGEMENT

(1.) This appeal is filed challenging the judgment and award dtd. 12/10/2012 passed in M.V.C.No.433/2010, on the file of the Principal Senior Civil Judge, Additional, MACT, Udupi ('the Tribunal' for short) dismissing the claim petition.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the claim petition was filed on 28/5/2010 under Sec. 163-A of the Motor Vehicles Act, 1988 ('MV Act' for short) as amended by Act 54/1994, wherein the petitioner has contended that he was the driver of the Santro car and the accident occurred due to the negligence on the part of the driver of the offending vehicle. As a result, he has sustained injuries and spent an amount of Rs.1,25,000.00 towards medical expenses and also he has taken continuous medication and due to the accident, he has suffered permanent disability.