IMRAN PASHA Vs. PRATAP M

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 dtd. 21/2/2019 passed by XXI A.C.M.M. & XXIII A.S.C.J., Bengaluru in MVC No.1234/2018.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 4/2/2018 at about 10.00 p.m., the claimant along with one Sri Mohammed Imran @ Imran, who was driving a Luggage Auto Rickshaw bearing Registration No.KA-06-B-7072 were traveling in the said vehicle on Bengaluru - Mangaluru road NH-75. At that time, near Madagondanahalli, the driver of the Car bearing Registration No.KA-41-B- 4830 drove the same with high speed and in a rash and negligent manner so as to endanger to human life and dashed against the said Luggage Auto of the claimant from back side. 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.