1. This appeal by the Insurance Company is directed against the common judgment and award dated 25.06.2009 passed in MVC No. 45/2007 on the file of Civil Judge (Senior Division) and MACT at Tarikere.

2. The brief facts of the case is that on 03.12.2006, at about 2.39 p.m., the claimant herein along with his son, the claimant in MVC No. 46/2007 was going from Bukkambudhi to Kottur in the bike bearing Registration No.KA-05-EN-1747, as pillion rider and rider respectively. At that time, the driver of the luggage auto bearing Registration No.KA-18-9405 came from opposite side in a rash manner and dashed against the motor cycle, as a result of which, both the rider and the pillion rider fell to the road and suffered grievous injuries. In the circumstances, both in particular, the appellant herein preferred MVC No. 45/2007 seeking compensation on account of injuries sustained by him, disability to which he is exposed etc.

3. Respondent-Insurance Company in the statement of objections filed denied the cause of accident, nature of injuries sustained, age of the claimant and the income of the claimant/appellant and specifically pleaded that, the insured has not complied with submittin