CHANDAN S.S. Vs. M. RAVIKUMAR

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. 21/9/2019 passed by the Additional Senior Civil Judge and JMFC, Ramanagara in MVC No. 509/2016.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 4/12/2015 at about 03.15 P.M. the claimant was going from Revanasiddeshwara Hill towards Averahalli Gate in Auto rickshaw bearing Registration No. KA-42-4136. When the said Auto Rickshaw reached near Averahalli Gate, the driver of the Lorry bearing Registration No. KA-05-AD-3752 drove the same in a rash and negligent manner and dashed against the Auto Rickshaw. 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.