KAISAR PASHA Vs. WASI ULLA

JUDGEMENT

(1.) This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the claimant being aggrieved by the judgment and decree dtd. 11/9/2019 passed by Motor Accidents Claims Tribunal, Mysuru in MVC No.665/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 12/5/2017 between 02.30 A.M. to 03.00 A.M. when the claimant was going on Motorcycle bearing Registration No.KA-55-W-3781 as a pillion rider from Mysuru to T. Narasipura and when they reached near Dodda Aladha Mara, Chikkahalli Village, the rider of Motorcycle drove the same in a rash and negligent manner and suddenly applied the break. As a result of the same, the claimant fell down from the motorcycle and sustained grievous injuries and was hospitalized.

(3.) The claimant filed a petition under Sec. 166 of the Act seeking compensation. It was pleaded that he spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent riding of the offending vehicle by its rider.