C.KUMAR Vs. RELIANCE GEN.INSU.CO.LTD

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 award dtd. 30/6/2018 passed by the Principal Senior Civil Judge and CJM, Chitradurga (hereinafter referred to as 'the Tribunal') in MVC No.452/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 11/9/2016 at about 4.30 p.m. the claimant was proceeding in Bolero bearing registration No.KA-16/B-9207 from Davanagere to Chitradurga. When he reached near Truck Terminal in front of Murugarajendra Oil Mill at Chitradurga, at that time, a lorry bearing registration No.KA-16/A-5452 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.