GOPALA Vs. RAMESH DHANRAJ CHOUDHARI

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. 16/11/2018 passed by the Senior Civil Judge and AMACT, Karkala in MVC No.608/2018.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 31/10/2017 at 07.45 P.M., the claimant was standing by the side of NH-66 in front of Ganesh Marbels, Nitturu Village, Udupi Taluk, at that time, the driver of the Hyundai Eon Car bearing Registration No.MH-09-DM-4803 came from Kundapura side in a rash and negligent manner and also in a high speed and dashed against 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.