RELIANCE GIC LTD Vs. K.T MANJEGOWDA

JUDGEMENT

(1.) MFA 6567/2018 is filed by the Insurance Company and MFA 1736/2019 is filed by the claimant under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') being aggrieved by the judgment and decree dtd. 27/3/2018 passed by Senior Civil Judge and MACT-XV, Kunigal in MVC 564/2013.

(2.) Facts giving rise to the filing of the appeals briefly stated are that on 27/3/2013, when the claimant was sitting in autorickshaw bearing registration No.KA-09-B-256 at K.R.Pet and the driver was alighting the passengers at KR Pet, at that time, crane bearing registration No.KA-52-M-1039 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the autorickshaw. 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.