ABHISHAIK Vs. RAJENDRAN

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. 4/7/2019 passed by the Principal Senior Civil Judge & Member, MACT, Srirangapatana in MVC No.1623/2016.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 14/11/2016 at about 05.45 P.M., the claimant was proceeding in the motorbike bearing Registration No.KA-13-EF-5520 as a pillion rider and the said motor bike was ridden by his friend Balaraju in a slow and cautious manner and when they reached near German Press Gate, on Malemahadeshwara main road, Mysore, at that time, the driver of the Car bearing Registration No.KA-01- MG-9672 drove the same in a rash and negligent manner and dashed to the claimant's motorbike. 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.