KUMARI SIDDAWWA Vs. RUDRAPPA

JUDGEMENT

(1.) This appeal is filed under Section 173 o f Motor Vehicles Act, 1988 (M.V. Act) by claimant challenging the judgment and award dated 21 .06.2012 passed by Senior Civil Judge and Addl.M.A.C .T ., Saundatti (for short, the Tribunal ) in MVC No.1799/2010.

(2.) Though the appeal is listed for admission, with consent o f the parties, appeal is taken up for disposal. Parties are referred to as per their ranking before the Tribunal for the sake o f convenience.

(3.) Brief facts are necessary for disposal o f this case are that, on 09.12 .2009 Kumari Siddawwa was walking by the side of Munavalli-Katkol road at about 4.00 p.m. at that time , a Hero-Honda Splendor Plus motorcycle bearing registration No.KA-24/J-8760 came in rash and negligent manner and dashed against her causing accident. In accident, Siddawwa sustained grievous in juries, for which she was admitted to Nimra Hospital, Gokak, for treatment. In said hospital, she took inpatient treatment up to 08.12.2009. Despite treatment and undergoing operation, she sustained permanent physical disability. There fore, she filed claim petition against owner and insurer of motorcycle under Section 166 of M.V. Act.