JUDGEMENT
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(1.)MFA No.5493/2019 is filed by the Insurance Company whereas MFA No.3245/2022 is filed by the
claimant under Sec. 173(1) of the Motor Vehicles
Act, (for short, 'the Act') being aggrieved by the
judgment and award dtd. 29/1/2019 passed by the
Senior Civil Judge & Member, Addl. MACT - 17 in MVC
No.237/2017. Since the challenge is to the same
judgment, both the appeals are clubbed together,
heard and common judgment is being passed.
(2.)Facts giving rise to the filing of the appeal briefly stated are that on 17/12/2015 at about 6.30
p.m., the claimant was proceeding on a motorcycle
bearing registration No.KA-06/EQ-4973 as a pillion
rider on Chelur - Sira road to go to Chelur for
treatment. When they reached near
Malamachanakundte gate, Chelur Hobli, Gubbi Taluk,
at that time, the rider of the motorcycle rode the
same at a high speed and in a rash and negligent
manner and at the same time 3 dogs came across the
road and he was unable to control the vehicle and
skidded on the road. 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 riding of the offending vehicle by
its rider.
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