MASTER MANU Vs. T.J. NAIK AND CO

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. 30/8/2019 passed by the Additional Senior Civil Judge & JMFC, Ramanagara in MVC No.167/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 22/4/2016 at about 01.05 P.M., when the claimant was going in a motorcycle bearing Registration No.KA-11-W-2109 along with Raghu and Swamy for treatment for his stomach pain to Channapatna Hospital, then opposite Janapada Loka on B.M.Road, the driver of the Car bearing Registration No.KA-04-MM-9567 drove the same in a rash and negligent manner and without giving any signal at once turned the Car towards Kamath Hotel Near Janapada Loka and dashed against the motorcycle of 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 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 driving of the offending vehicle by its driver.