NAGARAJAPPA Vs. FATHIMA B.

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. 24/11/2018 passed by the Principal Senior Civil Judge, Member, MACT-IV, Davangere in MVC No.313/2018.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 27/12/2017, the claimant as a pillion rider was proceeding on the Hero Honda Passion Motor Cycle bearing Registration No.KA-17/V8251 from Davanagere to Chitradurga, the said vehicle was driven by the rider in a moderate speed on left side of NH4 road, when it reached near Anagodu NH4 road, at about 11.30 A.M., the driver of the Maruthi Alto Car bearing Registration No.KA01/MG-8678 drove the same in a rash and negligent manner endangering the human life with great speed and dashed against the 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.