MANAGER Vs. APPANNA

JUDGEMENT

(1.) These appeals are filed by the Insurance Company under Sec. 173(1) of the Motor Vehicles Act, (for short, 'the Act') being aggrieved by the judgment and award dtd. 5/1/2018 passed by the Senior Civil Judge and MACT, Challakere in MVC Nos.126/2017 and 131/2017. Since the challenge is to the same judgment, both the appeals are clubbed together, heard and common judgment is being passed.

(2.) Facts giving rise to the filing of the appeals briefly stated are that on 9/2/2016 at about 6.45 p.m. the claimants were proceeding in a motorcycle bearing registration No.KA-25/Y-9871 from Varavu village towards Challakere to reach their house. At that time, an auto rickshaw bearing registration No.KA-16/C-4326 being driven by its driver at a high speed and in a rash and negligent manner, came from Challakere town and dashed to the vehicle of the claimants. As a result of the aforesaid accident, the claimants sustained grievous injuries and were hospitalized.

(3.) The claimants filed petitions under Sec. 166 of the Act seeking compensation. It was pleaded that they 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.