JUDGMENT :

1. 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 claimant being aggrieved by the judgment dated 11.12.2015 passed by the Motor Accident Claims Tribunal, Mangaluru, D.K. in MVC No.698/2014.

2. Facts giving rise to the filing of the appeal briefly stated are that on 16.12.2013 at about 8.15 p.m. the claimant was walking by the side of the road near Batrakodi, Neermarga, Mangaluru. At that time, Innova car bearing registration No.KA19/MC8069 being driven by its driver at a high speed and in a rash and negligent manner, dashed against the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

3. The claimant filed a petition under Section 166 of the Act on the ground that he was working as Neon artist in Saudi – Arabia and was earning Rs.50,000/p.m. It was pleaded that he also 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.

4. On service of notice, the respondent No.2 filed written