JUDGEMENT
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(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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