RAJENDRA Vs. SALIM

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 07.06.2016 passed by III-Additional Sessions Judge and Motor Accident Claims Tribunal-IV, Vijayapur (for short hereinafter referred to as 'the Tribunal') in MVC No.1523/2013.

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

(3.) Facts giving rise to filing of this appeal are that on 13.03.2013 at 10.30 p.m., the claimant was proceeding by riding motorcycle bearing registration No.KA-48/E-5359 from Jamakhandi towards Banahatti road, at that time, near Madarkandi cross, on Jamakhandi-Banahatti road, a lorry bearing registration No.MH-10/Z-48 was parked in the middle of the road without indicator lights or any signal indicating parking of the lorry, due to which, the claimant dashed to the lorry. As such, the claimant sustained grievous injuries in the said accident and he was shifted to Civil Hospital at Jamakhandi and thereafter, he was shifted to City Health Hospital, Vijayapur. The criminal case was registered against the claimant as well as the driver of the lorry bearing registration No.MH-10/Z-48 in Crime No.36/2013. The claimant spent huge amount for medical treatment. Hence, the claimant filed claim petition under Section 166 of the Act seeking compensation for the injuries sustained in the road traffic accident.