(1.) This appeal is filed by the claimant under Sec. 173(1) of the Motor Vehicles Act, 1988 (for short, ' MV Act ') challenging the judgment and award dtd. 14/1/2019 passed by the II Additional Senior Civil Judge and MACT at Mandya ('for short, 'Tribunal') in MVC No.711/2016, whereby the Tribunal has dismissed the claim petition filed by the petitioner/claimant (appellant herein).
(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Tribunal.
(3.) The brief factual matrix leading to the case is that, on 19/10/2015, the petitioner-Mr.Kalegowda along with one Siddaraju plucked the tender coconuts in the garden land of one Puttegowda near Sulekere and then loaded the same to Bolero goods vehicle bearing No.KA.11.A.9988 and was proceeding towards Maddur by sitting over the tender coconut load in the said vehicle. The driver of the said vehicle drove the same in rash and negligent manner and at high speed so as to endanger human life, and as such, at about 11.00 am, the vehicle capsized into the land of one Krishna, son of Eregowda of Muttanahalli village, C.A. Kere Hobli, Maddur Taluk. On account the accident, the vehicle fell down and the claimant sustained injuries. He was admitted in MIMS Hospital at Mandya and he has sustained fracture of both bones of upper one third of the left leg and he has undergone surgery to his left leg. He was treated conservatively and he was in patient in the Hospital from 19/10/2015 to 9/11/2015. After discharge, he lodged a complaint against the driver of the offending vehicle. It is also asserted that the claimant has spent Rs.1,00,000.00 towards medical expenses. Hence, he filed a claim petition under Sec. 166 of the MV Act claiming compensation.