MANAGER Vs. IMRAN PASHA

JUDGEMENT

(1.) This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the Insurance Company being aggrieved by the judgment and decree dtd. 30/11/2018 passed by the Senior Civil Judge and JMFC XIX MACT at Chikkanayakanahalli in MVC No.476/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 22/9/2016 at about 11.30 a.m., the claimant was proceeding on a motorcycle bearing registration No.KA-44/L-2270 as a pillion rider on the left side of the road. At that time, a maruthi van bearing registration No.KA-22/M-5569 being driven by its driver 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 driving of the offending vehicle by its driver.