Tanuja vs Nandeesh C. G. - 2022 Supreme(Kar) 1574

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Kar) 1574

H. T. NARENDRA PRASAD
Tanuja – Appellant
Versus
Nandeesh C. G. – Respondent

Advocates appeared:
Pawan Kumar S., Advocate, M.N.Madhusudhan, Advocate, D.Vijaya Kumar, Advocate

JUDGMENT/ORDER

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. 3/10/2011 passed by MACT, Mysore in MVC 269/2011.

2. Facts giving rise to the filing of the appeal briefly stated are that on 12/8/2010 when the claimant was proceeding on TVS XL moped bearing registration No.KA-09-ET-83 from Vasu Extension to Vivekananda Road, at that time, goods auto bearing registration No.KA09-B-2298 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of 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 respondents appeared through counsel and filed written statements in which the averments made in the petition were denied.

5. On the basis

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