CHANNAPPA Vs. SOMASHEKARA H. C.
LAWS(KAR)-2022-6-310
HIGH COURT OF KARNATAKA
Decided on June 21,2022

CHANNAPPA Appellant
VERSUS
Somashekara H. C. Respondents

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. 28/11/2018 passed by the II Additional Judge & XXVIII ACMM, Court of Small Causes, Bengaluru in MVC No.5915/2017.
(2.)Facts giving rise to the filing of the appeal briefly stated are that on 10/9/2017 at about 06.30 A.M. the clamant was proceeding as a pillion rider in a motorcycle bearing Registration No.KA-05-GB-6863 towards Mandya City on Bengaluru-Mysuru Road, while the rider taking turn towards big bazaar in front of East Police Station, Mandya City, at that time, the driver of Car bearing Registration No.KA-19-AB-3600 drove the same at high speed in a rash and negligent manner and dashed against the claimant's motor cycle. 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.


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