KRISHNA G. Vs. ABDULA NAZAR

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. 20/11/2018 passed by the Motor Accident Claims Tribunal, Srirangapatna in MVC No.23/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 5/12/2016 at about 01.30 p.m., the claimant was riding the motor bike along with his friend as a pillion rider bearing Registration No.KA-10-S-6385 in a slow and cautious manner. When they reached near Agalatti Village, on Bheemana Beedu-Hongalli road, at that time, the rider of another motor bike bearing Registration No.KA-10- V-873 rode the same in a rash and negligent manner and dashed to the claimant's motor bike. 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 riding of the offending vehicle by its rider.