RAJU Vs. SHIVASWAMY

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 dtd. 23/12/2019 passed by the Principal Senior Civil Judge & CJM and MACT, Ramanagar in MVC No.214/2016.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 6/1/2016 at about 02.30 p.m. the claimant was going on a motor cycle bearing Registration No.KA-42-R-8461 as a pillion rider, when the rider reached near Manchanabele channel, Kannamangala, Ramanagara Taluk, at the same time, the driver of the Tractor bearing Registration No.KA- 07-T-1734 drove the same in a very rash and negligent manner so as to endangering the human life and 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 she 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.