GURURAJ Vs. NAGENDRA H.K.

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. 16/4/2019 passed by Additional Motor Accidents Claims Tribunal and Additional Senior Civil Judge at Ramanagara in MVC No.120/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 1/3/2017 at about 9.15 a.m., the claimant was proceeding in motorcycle bearing registration No.HA-10/EV-GHK14975 to go to Krishnapuradoddi village, Kylancha Hobli, Ramangara. When he reached near Achalu Welding shop, at that time, a TVS motorcycle bearing registration No.KA- 42/V-2577 being ridden by its rider 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.