JUDGMENT

V. Srishananda, J. - The injured-claimant is in appeal being not satisfied with the judgment and award dated 15.09.2016, passed in MVC No.414/2015 on the file of the Senior Civil Judge & MACT, Gagavathi (for short 'the tribunal').

2. The brief facts, which are necessary for disposal of this appeal are as under:

A claim petition came to be filed under Section 166 of M.V. Act, alleging that on 05.02.2015, at about 10:30 a.m. when the claimant was standing by the side of Gangvathi- Sindhanur main road, near Pragathinagar, in front of Shivaramakrishna Petrol Bunk to fill petrol to his vehicle. At that time, a Tempo Trax Toofan vehicle bearing No.KA-37/A- 5343 came from Gangavathi side in a rash and negligent manner and dashed to the vehicle of the claimant and caused accident. Due to the said impact, the claimant/appellant sustained grievous injuries. After the accident, the claimant/appellant was shifted to Dr.Mallanagouda Hospital, Gangavathi for treatment. The brother of the claimant lodged the complaint before the Gangavathi Rural Police Station. On the basis of the complaint, the Gangavathi Rural Police have registered the case, investigated the matter and filed the charge