MASTER YATHISH KUMAR Vs. SURESH KHANNA 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 dtd. 26/8/2019 passed by MACT, Bangalore in MVC 4488/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 22/3/2017 when the claimant, aged about 6 years, was walking on left side of road near Nandini Milk Parlor, Judicial Layout road, Kanakapura Road, Thalaghattapura, at that time, car bearing registration No.KA-01-AG-3081 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, being minor, represented by his father 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.