JUDGMENT

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. 2/7/2011 passed by MACT, Bengaluru in MVC No.1300/2009.

2. Facts giving rise to the filing of the appeal briefly stated are that on 24/1/2009 at about 03.00 a.m., the claimant was traveling in a Indica Car bearing Registration No.KA-01-Z-336 on NH-4 road near Basavanatha gate Kolar Bye pass road, Kolar town, at that time, the driver of the lorry bearing Registration No.AP- 27-X-5659 drove the same in rash and negligent manner and 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 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.

4. On service of notice, the respondent No.1 a