CHETAN B. Vs. KSRTC

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. 9/9/2019 passed by Principal Senior Civil Judge and CJM at MACT, Kolar in MVC No.11/2018.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 9/6/2016, the claimant along with his mother was proceeding towards Bengaluru from their Village Yaluvahalli in a Pulsar motorcycle bearing Registration No.KA-05-HE-8765 and when they reached near Venkatagirikota Petrol Bunk at around 12.30 P.M., at that time, the driver of the KSRTC Bus bearing Registration No.KA-57-F-1312 from Chikkaballapura side in a rash and negligent manner and dashed against the motorcycle of the claimant. 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.