This appeal under Section 173(1) of Motor Vehicles

Act, 1988 (hereinafter referred to as 8the Act9) has been

filed by the claimant being aggrieved by the judgment and

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decree dated 02.04.2012 passed by the I Addl. Senior Civil

Judge and MACT-V at Davanagere in MVC No.815/2008.

Facts giving rise to the filing of the appeal briefly

stated are that on 21.05.2008 at about 9.00 a.m. the

claimant was proceeding on his pick-up van baring

registration No.KA-17/A-6745 near Anagodu village on NH-

4. At that time, a LMV Tata Mobile vehicle bearing

registration No.KA-22/N-1161 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 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

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purely on account of the rash and negligent driving of the

offending vehicle by its driver.

4.

On service of notice, the respondent Nos.3 and 4

appeared through counsel and fil