PREETHAM Vs. MANAGER,RELIANCE INSURANCE COMPANY LTD.

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. 21/10/2019 passed by the II Additional District & Sessions Court & Additional M.A.C.T. at Hassan in MVC No.1527/2018.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 1/7/2018 at about 11.30 a.m. the claimant was proceeding in a motorcycle bearing registration No.KA-03/EX-6091 as a pillion rider. When they reached in front of Rakshith Motors, DM Halli Bypass road, towards Kandali, at that time, a car bearing registration No.KA-03/MN-9391 being driven by its driver at a high speed and in a rash and negligent manner, dashed to 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.