MALLIKARJUN BICHALI Vs. MEHABOOB

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. 18/11/2017 passed by II Addl. District & Sessions Judge and Addl. MACT, Raichur in MVC No.623/2015, wherein granted a compensation of Rs.2,13,000.00 along with interest at the rate of 6% per annum.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 23/10/2010 at about 9.30 a.m. the claimant was travelling in the lorry bearing Reg. No.AP-21/Y-2525, as a cleaner and when the lorry came near the office of Grampanchayat Hirekotenekal on Manvi- Sindhanur road, the driver of the lorry has driven in a rash and negligent manner, lost control over the same, it was turned turtle and accident was taken place. As a result, the claimant sustained grievous injuries and was hospitalized.

(3.) The claimant filed a petition under Sec. 166 of the Act seeking compensation of Rs.12,60,000.00 with interest. 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.