SUDHEER KUMAR Vs. MANOJ KUMAR

JUDGEMENT

(1.) This appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimant being aggrieved by the judgment dtd. 11/12/2015 passed by the Motor Accident Claims Tribunal, Mangaluru, D.K. in MVC No.698/2014.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 16/12/2013 at about 8.15 p.m. the claimant was walking by the side of the road near Batrakodi, Neermarga, Mangaluru. At that time, Innova car bearing registration No.KA-19/MC-8069 being driven by its driver at a high speed and in a rash and negligent manner, dashed against the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

(3.) The claimant filed a petition under Sec. 166 of the Act on the ground that he was working as Neon-artist in Saudi - Arabia and was earning Rs.50,000.00 p.m. It was pleaded that he also 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.