RALIANCE INSURANCE COMPANY LTD. Vs. SUHEB

JUDGEMENT

(1.) These appeals under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) have been filed by the Insurance Company being aggrieved by the judgment dtd. 22/8/2013 passed by the Motor Accident Claims Tribunal.

(2.) Facts giving rise to the filing of the appeals briefly stated are that on 8/6/2008, the claimants were traveling in the auto rickshaw as inmates near Tonde Hitlu, Yalajith, Kundapura Taluk, at that time, Tempo Trax bearing registration No. KA-34- A-339 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle in which the claimants were traveling. As a result of the aforesaid accident, the claimants sustained grievous injuries and were hospitalized.

(3.) The claimants filed petitions under Sec. 166 of the Act seeking compensation. It was pleaded that they 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.