REGIONAL MANAGER Vs. RAJU

JUDGEMENT

(1.) MFA No.4564/2020 is filed by the Insurance Company and MFA No.221/2021 is filed by the claimant under Sec. 173(1) of the Motor Vehicles Act, (for short, 'the Act') being aggrieved by the judgment and award dtd. 12/2/2020 passed by the Additional District and Sessions Judge, Chamarajanagar (sitting at Kollegal) (for short, 'the Tribunal') in MVC No.360/2014. Since the challenge is to the same judgment, both the appeals are clubbed together, heard and common judgment is being passed.

(2.) Facts giving rise to the filing of the appeals briefly stated are that on 13/3/2023 at about 6.15 p.m. the claimant was proceeding in a motorcycle bearing registration No.KA-10/Q-5509 along with a pillion rider from Terakanambi towards Lakkuru village. When they reached near the bridge at Terekanambi Hundi petrol bunk, at that time, a lorry bearing registration No.KA05/C-7997 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle in which the claimant was proceeding. As a result of the aforesaid accident, the claimant fell down, sustained grievous injuries and was hospitalized.

(3.) The claimant filed petition under Sec. 166 of the Act seeking compensation. It was pleaded that he has 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.