LOHITH Vs. UDAYA GONDA

JUDGEMENT

(1.) MFA No. 8166/2018 is filed by the claimant whereas MFA No. 4985/2018 is 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. 2/4/2018 passed by the MACT, Udupi (sitting at Kundapura) in MVC No. 1152/2016. 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 appeal briefly stated are that on 12/11/2015 at about 10.45 a.m., the claimant was proceeding as a pillion rider in the motorcycle bearing registration No. KA-47/J-7864 towards Bhatkal side. When they reached near Agga, Hasrolli, Sagar Road, Bhatkal, another motorcycle bearing Engine No. U3S5C1FLO52482 being driven by its rider at a high speed and in a rash and negligent manner came from Bhatkal side towards Sagar side and dashed to the claimant's motorcycle. 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.