THOPEGOWDA Vs. HOBYANAYAKA

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 dtd. 11/7/2018 passed by MACT, Hassan in MVC No.383/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 8/10/2016 at about 07.45 p.m., near Kantharaju Devarahalli Cross on Shravanabelagola- Channarayapatna road, when the claimant was returning from Shravanabelagola in the Passion Bike that belonged to one Srinivasa bearing Registration NoKA-13-EH-5333 as a pillion rider after completing his tiles work, at the same time, the driver of the lorry bearing Registration No.KA- 01-D-696 drove the same in a rash and negligent manner and dashed against the said bike. As a result of the same, the bike got struck to the left side wheels of the lorry and when the driver of the said lorry moved along with the said bike by dragging the said bike, due to which, the bike was damaged. Due to impact, 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 charges, 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.