NARAYANAMMA Vs. SYED LLIYAZ

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. 20/9/2017 passed by II Addl. Sr.Civil Judge & MACT, Kolar (Itinerating at Mulbagal) in MVC No.530/2013.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 15/11/2012 at about 3.45 p.m., the claimant has traveled from Bangalore to Mulbagal in a private bus bearing registration No.KA- 40/4626. When the said bus was stopped at KSRTC bus stand, Mulbagal town, when the claimant was alighting from the said bus from front door, the driver of the bus suddenly moved the same in a reverse direction in a rash and negligent manner without any signals from the conductor. 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 she 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.