Ram Mohan Reddy, J.

Insurer of the offending motorcycle, aggrieved by the judgment and award dated 17th November, 2011 in MVC 568/2009 of the District and Sessions Judge, Fast Track Court-II, Shivamogga, (for short 'MACT'), has presented this appeal.

2. Facts briefly stated are:

(i) First respondent instituted claim petition invoking Section 166 of the Motor Vehicles Act, 1988, (for short 'Act') seeking Rs.13,15,000/- as compensation for injuries sustained in the road traffic accident that allegedly occurred on 07.04.2009 while riding his TVS XL bearing certificate of registration KA-14/K-9726 from his house towards flour mill near petrol bunk, N.T. Road, whence, the 2nd respondent/Habibulla Khan, allegedly riding a Hero Honda Splendour motor cycle bearing certificate of registration KA-14 W-8664 at a high speed and in a rash and negligent manner from the side of Sandesh Motors dashed against TVS moped, by reason of which the 1st respondent fell off from the vehicle, sustained injuries and was admitted to Mc. Gann Hospital, Shivamogga, where after wards, he was shifted to Nanjappa Hospital and from there to KMC Hospital, Manipal, where he was extended treatment for one month