SIMON FERNANDIS Vs. PRABHA P. HEGDE

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. 17/3/2017 passed by the Senior Civil Judge and AMACT, Karkala, (hereinafter referred to as 'the Tribunal') in MVC No.760/2016.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 20/1/2016 at 8.00 p.m. the claimant was proceeding on his two wheeler bearing registration No.KA-20/X-7325 from Karkala Govt. Hospital towards Anekere Petrol Pump side. When he reached near Kotekani Garage, at that time, a Innova car bearing registration No.KA-20/P-5797 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.