RAMESHA H.C. Vs. V.AKSHAYKUMARA

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. 30/11/2018 passed by the Prl. Senior Civil Judge and Motor Accident Claims Tribunal, Srirangapatna in MVC No.1275/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 2/8/2017 at about 5.30 p.m., the claimant was proceeding in a bicycle by the side of the road, near T.M.Hosuru Village. At that time, a tipper lorry bearing registration No.KA- 55/8013 being driven by its driver at a high speed and in a rash and negligent manner, dashed to 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.