GIRISHKUMAR G.S. Vs. NAGARAJ ACHARYA

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 dtd. 30/10/2019 passed by MACT, Chitradurga in MVC 146/2019.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 15/5/2018 when the claimant along with another was proceeding on motorcycle bearing registration No.KA-16-K-7904 as a pillion rider near Chitrahalli Gate on NH-13 Road, near speed braker-humps, Holalkere, at that time, car bearing registration No.KA-51-MC-5331 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle 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.