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. 19/3/2019 passed
by the II Additional Senior Civil Judge & JMFC,
Davanagere in MVC No.44/2018.
(2.)Facts giving rise to the filing of the appeal briefly stated are that on 28/3/2017 at about 12.40
P.M. in the noon, when the claimant was proceeding
on a motorcycle as a pillion rider, near Shiva Sagar
Hotel, Hadadi-Davanagere, at that time, the driver of
the Auto Rickshaw bearing Registration No.KA-17/C-
8498 came from opposite direction in a rash and negligent manner with high speed and hit against
motorcycle. 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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