SUNIL D.R. Vs. JAYAPPA
LAWS(KAR)-2022-7-413
HIGH COURT OF KARNATAKA
Decided on July 13,2022

Sunil D.R. Appellant
VERSUS
Jayappa 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. 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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