RANGASHETTY Vs. N.GURUMURTHY

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. 6/1/2020 passed by the Senior Civil Judge and CJM, Chamarajanagar in MVC No.361/2013.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 19/1/2012 the claimant was traveling in a Auto bearing Registration No.KA-10- 3077 from Gundlupet to Vaddagere Village to attend Coolie work in the land of one Rajappa. At about 02.30 P.M., when the Auto was coming near Annuru Gate, at that time, Auto bearing Temporary Registration No.KA-09-TR-6905/2011-12 was came from Bommalapura Village side and dashed to the Auto 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.