YADAV S. Vs. SUMESH M.G.

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. 22/2/2019 passed by the IV Additional District & Sessions Judge, Mangaluru in MVC No.987/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 1/1/2017 at about 10.30 a.m., the claimant was proceeding on motorcycle bearing Registration No.KL-59-D-2723 from Ayathara towards Chithariparamba slowly and carefully, when he reached near Manantheri Amsham, at that time, the driver of the Bus bearing Registration No.KL-73-A- 5040 came from Manantheri side in high speed and rash and negligent manner and dashed to the claimant's motorcycle. As a result of the aforesaid accident, the claimant fell down on the tar road and wheel of the Bus was passed over right leg of the claimant, due to which, he 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.