JUDGMENT :

The appellant-Insurance Company has challenged the judgment and award dated 19.12.2008 passed in MVC.No.9021/2007 whereby the liability was fastened on the insurer jointly and severally along with the owner and whereby the claim was required to be satisfied by the insurer.

2. The parties are referred to as per their ranking before the Tribunal.

3. The facts leading to the claim petition are that the deceased Rajesh @ Agalecha met with a road traffic accident that took place on 6.3.2005 when the deceased was riding a motor cycle bearing No.KA-11-J-7005, proceeding towards Bellur from Bellur Cross on Tumakuru-Mysuru Road, when a Bajaj Chetak Scooter bearing No.KA-27-H-1845 allegedly being driven in a rash and negligent manner collided with Rajesh’s motorcycle. Rajesh suffered grievous injuries and later succumbed to the same and died. Claim petition came to be filed by the mother of the deceased Rajesh under Section 163-A of the Motor Vehicles Act, 1988 (‘the Act’ for brevity) seeking for compensation and in the said petition, the insurer was arrayed as respondent No.2, while the father was arrayed as respondent No.1. It is relevant to note that the deceased Rajesh was drivin