JUDGMENT :

M.G.S. Kamal, J.

Legality or otherwise of the Judgment & Order dated 17th July 2014, passed in MVC No.1567/2008 by the Presiding Officer, Fast Track Court-I & Addl. MACT, Belagavi, whereby the claim petition filed under Section 166 of the M.V. Act, 1994 by the claimant, a sergeant in the Indian Air Force, who is paralyzed below the waist due to grievous injuries suffered in a road traffic accident rendering him 100% disabled and unfit to serve the Indian Air Force, has been dismissed merely on the ground of he not having personally filed the complaint against the driver of the offending vehicle is put in issue in this appeal.

BRIEF FACTS :

2. The facts leading upto filing of the present appeal briefly stated are that on 03.02.2007 at about 17:45 hours the claimant was proceeding to Belagavi on his motorcycle bearing registration No.MP20/KH1859. At that time driver of a passenger tempo bearing registration No.KA22/C1266 driving the same in high speed overtook the motorcycle of the claimant and thereafter turned the vehicle on to the left side of the road without any ind