ALOK ARADHE, M.NAGAPRASANNA
K. C. Manjula – Appellant
Versus
N. Shivakumar – Respondent
JUDGMENT
M Nagaprasanna, J. - This appeal, though listed for admission, is taken up for final disposal with the consent of the learned counsel appearing for the parties.
2. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants being aggrieved by the judgment dated 18.09.2013 passed by the Principal Civil Judge (Sr. Dn.) and Motor Accident Claims Tribunal, Mandya, in M.V.C. No.226/2010.
3. Parties will be referred to as per their ranking before the Claims Tribunal.
4. Facts giving rise to the filing of the appeal briefly stated are that on 29.11.2009 at about 11.10 p.m., the deceased B.P. Puttaswamy was riding his motor cycle bearing registration No.KA-11/U-3927 from Mandya to his native place. While he was traveling on Bangalore-Mysore main road, at B. Yerahalli road cross, a Ford Ikon Car bearing registration No.KA-03/MB-21 which was being driven by its driver in a rash and negligent manner, dashed to the rear portion of the motor cycle of the deceased. As a result of the aforesaid accident, the deceased fell down and sustained grievous injuries and was immediately shifted to the hospital,
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