JUDGMENT :

P. KRISHNA BHAT, J.

1. This appeal is at the instance of insurance company calling in question the correctness of the judgment and award dated 26.07.2010 passed in MVC No. 1423/2004 by the II Addl. District Judge and Member, MACT-III, Dakshina Kannada, Mangalore, to the extent of fastening the liability to pay the compensation on it.

2. A claim petition seeking compensation was filed on the allegation that on 31.07.2004 at about 8.45 p.m. when claimant was proceeding in Bajaj Chetak Scooter No. CTA 8277 as a pillion rider and the scooter reached near Petrol pump at Padupanambur Village, on account of rash and negligent riding of the scooter by its rider, scooter fell on the road and claimant suffered fracture of his left leg.

3. Before the learned Claims Tribunal owner of the offending scooter remained absent and he was placed ex-parte. The appellant-insurance company contested the proceedings by filing detailed written statement denying the material averments made in the claim petition.

4. Subsequently, one Ashok S/o Late Sundara Poojary was brought in as respondent No. 3 and even though he entered appearance through a learned counsel, did not choose to file any written stat