MANAGER, IFFCO-TOKIO GIC LTD. Vs. BHEEMANNA
LAWS(KAR)-2022-7-702
HIGH COURT OF KARNATAKA
Decided on July 11,2022

Manager, Iffco-Tokio Gic Ltd. Appellant
VERSUS
Bheemanna Respondents

JUDGEMENT

- (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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