UNITED INDIA INSURANCE CO. LTD. Vs. SHIVA KUMAR

JUDGEMENT

(1.) This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the Insurance Company being aggrieved by the judgment and decree dtd. 2/2/2019 passed by the Motor Accident Claims Tribunal Court of Small Causes at Bengaluru (SCCH- 25) in MVC No.4492/2017.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 9/7/2016 at about 8.35 p.m., the claimant was crossing the road in front of the car bearing registration No.KA-04/MM-8543 which was stopped near Hejjala Gate 'U' turn, Bangalore - Mysore road. At that time, an Ashok Leyland Tanker lorry bearing registration No.KA-08/3696 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the rear side of the car and in turn the said car hit the claimant on his left leg. 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.