LAWS(KAR)-2017-6-34

SAMULLA KHAN Vs. SOUKETH ALI KHAN

Decided On June 16, 2017
Samulla Khan Appellant
V/S
Souketh Ali Khan Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and Award dated 07.05.2008 passed by the Motor Accident Claims Tribunal ("MACT" for short) Mangaluru. By the impugned order, the learned Motor Accident Claims Tribunal has dismissed the claim petition filed by the petitioner under Sec. 166 MV Act.

(2.) I have heard the learned counsel for the appellant and the learned counsel for the respondent and I have perused the impugned judgment and records of the proceedings.

(3.) The case of the claimant is that on 04.11.2012 he was the pillion rider on the motor cycle bearing registration No. KA 19 Q 4162 driven by one Shoukth Ali Khan. When they reached near Panambur Circle at about 12 noon, rider of the Motor Cycle was riding the same in a high speed and rash and negligent manner, as a result he lost control over the motor cycle and hit circle of the road. Due to the accident, the petitioner sustained grievous injuries and he was immediately shifted to Indira Hospital, Mangaluru.