MANJUNATHA S.J. Vs. ANTHONY JOSEPH

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. 18/7/2018 passed by MACT, Mysuru in MVC 1066/2015.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 15/2/2015 when the claimant was proceeding on motorcycle bearing registration No.KA-45-S-9722 near Parimala Mangala Vihar Gonikoppa, Kodagu, at that time, another motorcycle bearing registration No.KA-12-K-8813 being ridden by its rider 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 riding of the offending vehicle by its rider.