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2022 Supreme(Kar) 566

H. T. NARENDRA PRASAD
Chandan S. S. – Appellant
Versus
M. Ravikumar – Respondent


Advocates appeared:
Raju S, Adv, for the Appellant; Mayanna Gowda N.R. and Ravi S. Samprathi, Advs, for the Respondents

JUDGMENT

H.T. Narendra Prasad, J. - This appeal under Section 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 dated 21.09.2019 passed by the Additional Senior Civil Judge & JMFC, Ramanagara in MVC No. 509/2016.

2. Facts giving rise to the filing of the appeal briefly stated are that on 04.12.2015 at about 03.15 P.M. the claimant was going from Revanasiddeshwara Hill towards Averahalli Gate in Auto rickshaw bearing Registration No. KA-42-4136. When the said Auto Rickshaw reached near Averahalli Gate, the driver of the Lorry bearing Registration No. KA-05-AD-3752 drove the same in a rash and negligent manner and dashed against the Auto Rickshaw. 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 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

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