KAILASH Vs. DIVISIONAL ENGINEER TELECOM BSNL STAFF QUARTERS

JUDGEMENT

(1.) The claimant being aggrieved by the judgment and award dated 05.03.2018 passed by the Senior Civil Judge and MACT II, Yadgir (hereinafter referred to as 'the Claims Tribunal') in MVC No.148/2016 has filed the appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short 'the MV Act') seeking for enhancement of compensation.

(2.) For the sake of convenience, parties are referred to as per their ranking before the Claims Tribunal.

(3.) Facts giving rise to the filing of this appeal briefly stated are that on 14.4.2016 at about 11.30 p.m, when the claimant and others were travelling in a Tractor No.KA-33-TA-3937 and trolley No.4711, on SP Office main road, near Mudnal cross; at that time, the Tempo Traveller bearing Registration No.KA-25-N- 7048 came from behind, being driven by its driver in a high speed and rash and negligent manner and without blowing horn, dashed against the Trolley in which the claimant and others were travelling and caused the accident. On account of it, the claimant sustained grievous injuries. Hence, he filed a claim petition under Section 166 of the Act claiming compensation.