ARKESH Vs. SHIVALINGAIAH

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. 6/12/2018 passed by the Senior Civil judge & JMFC, Addl. MACT, Channapattana, Ramanagar District in MVC No.296/2016.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 29/5/2016 at about 09.30 P.M. when the claimant was going in motorcycle bearing Registration No.KA-51-EH-3021 and when he reached near Kuncheeranakatte of Kodamballi- Yelthotahalli Road, a dog suddenly came in front of him, then he stopped the vehicle, at that time, the rider of Hero Honda Splendor motorcycle bearing Registration No..KA-04-EZ-8049 came in high speed and in a rash and negligent manner and dashed against the motorcycle 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 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.