SANTHOSH Vs. MANAGER DIRECTOR

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. 23/10/2019 passed by the MACT, Bengaluru in MVC No.7111/2018.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 4/11/2018 at about 01.45 p.m., the claimant was riding his motorcycle bearing Registration No.KA-42-J-4870 from Mullahalli side towards Kalligowdanadoddi Village side slowly and cautiously and on extreme side road, when he reached near Kalligowndanadoddi Village, Uyyamballi Hobli, Kanakapura Taluk, Ramanagara District, at that time, the driver of the KSRTC Bus bearing Registration No.KA-42-F-611 drove the same from Kalligowndanadoddi Village side, while overtaking vehicle, on extreme its right side without observing any traffic rules and regulations in a rash and negligent manner and dashed against 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 driving of the offending vehicle by its driver.