HANUMANTRAYA Vs. ALTAF

JUDGEMENT

(1.) This appeal is filed by the appellant under Section 173(1) of the Motor Vehicles Act (for short 'the Act') challenging the judgment and award dated 23.10.2013 passed by Senior Civil Judge and Addl. Member Accident Claims Tribunal III at Shorapur Sitting at Shahapur, (for short hereinafter referred to as 'the Tribunal') in MVC No.18/2011.

(2.) Parties will be referred to as per their ranking before the Claims Tribunal.

(3.) Brief facts leading rise to filing of this appeal is that on 08.11.2010 at 1.00 PM on ShahapurGulbarga road near Hulkal (K) village he was proceeding on the left side of the road by walk, at that time the driver of bus No.KA-32/B.0022 came from back side with high speed rashly and negligently and dashed to the petitioner and petitioner sustained fracture of left medial malleolles, fracture of Right 4th and 5th metacarpal bone and fracture of nasal bone and sustained grievous injuries. On the basis of complaint, the criminal case was registered against the driver of the offending vehicle in Cr.No.67/2010. the respondent No.1 is the owner of the vehicle and the vehicle of respondent No.1 was insured with respondent No.2 at that time of accident. The petitioner has filed claim petition under Section 166 of M.V.Act seeking for compensation for the injuries sustained in the road traffic accident.