SUNITHA M.A. B.ED. Vs. VIRUPAKSHA

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. 5/2/2019 passed by the III Additional District Judge and MACT at Hassan in MVC No.404/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 17/9/2016 at about 2.30 p.m. the claimant was proceeding on her Scooty bearing registration No.KA-09/EE-4496 in front of Karale Indresh House, Ashoka road. At that time, a motorcycle bearing registration No.KA-54/J-3199 being ridden by its rider at a high speed and in a rash and negligent manner, dashed to the vehicle of 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 she 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.