NATIONAL INSURANCE COMPANY Vs. B. SOMAMMA

JUDGEMENT

(1.) This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the Insurance Company being aggrieved by the judgment dtd. 20/2/2019 passed by Senior Civil Judge and JMFC, K.R.Pet in MVC 1481/2014.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 29/9/2014 when the claimant was proceeding on the left side of the road near auto stand in Somavarpet town, at that time, jeep bearing registration No.KA-12-M-4602 being driven by its driver at a high speed and in a rash and negligent manner, dashed to 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 driving of the offending vehicle by its driver.