GIRISH Vs. K. SANJEEVA SHETTY

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. 1/4/2019 passed by MACT and I Addl. Sr.Civil Judge, Mangaluru D.K. in MVC 981/2016.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 23/3/2016 when the claimant was walking on the side of NH-66 near Toll

(3.) gate, Surathkal village, at that time, tempo bearing registration No.KA-19-C-1845 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of 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.