K VENKATESHA Vs. PARAMESHWARAPPA

JUDGEMENT

(1.) This appeal has been preferred by the appellant/claimant being aggrieved by the judgment and award passed by the Senior Civil Judge & MACT, Kadur in MVC No.83/2013 dated 22.12.2015.

(2.) Heard. Though the case is listed for admission, with the consent of the learned counsel appearing for the parties, the same is taken up for final disposal.

(3.) The brief facts of the case are that on 21.12.2013, at about 2.30 p.m., the petitioner Venkatesha was proceeding in an auto rickshaw bearing Registration No.KA-18/A-9812 as passenger from Kadur to Kallapura Village and when the said auto rickshaw came near BGS School, the driver of the said auto rickshaw drove the same rashly and negligently and auto was capsized. As a result of the same, petitioner fell down and sustained grievous injuries. Immediately he was shifted to Government Hospital, Kadur and after first aid, he was shifted to Holy Cross Hospital, Chikkamagalur and he was admitted for 15 days and he has been operated. It is the case of the petitioner that he has suffered injuries and disability and has incurred the expenses. Hence, he preferred the claim petition under Sec. 166 of the Motor Vehicles Act seeking compensation.