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 and decree dtd. 15/12/2018 passed by MACT, Bangalore (SCCH-7) in MVC No.2339/2016.

2. Facts giving rise to the filing of the appeal briefly stated are that on 3/1/2015 at about 7.00 p.m., the claimant was walking on the extreme left side of the road, at that time the rider of the motorcycle bearing registration No.KA-41/EA-6223 rode the same 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 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 appeared through counsel and filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself i