JUDGMENT :

(C.M. POONACHA, J.)

The present appeal is filed by the insurer under Section 173(1) of the MOTOR VEHICLES ACT , 1988, [Hereinafter referred as to ‘Act’] challenging the judgment and award dated 09.11.2016 passed in MVC No.266/2012 by the Principal District Judge and MMACT, Chikkamagaluru, [Hereinafter referred as to ‘Tribunal’]

2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal.

3. The Tribunal vide its judgment and award dated 09.11.2016, partly allowed the claim petition and awarded a total compensation of Rs.5,77,700/- together with interest at 6% per annum and directed the insurer who, was arrayed as respondent No.2, before the Tribunal to deposit the compensation awarded. Being aggrieved, the present appeal is filed by the insurer.

4. The relevant factual matrix in a nutshell leading to the present appeal is that claiming compensation for the injuries sustained in a road traffic accident which occurred on 15.04.2011 the claimant filed a claim petition, whereunder it is the case of the claimant that when he and his son were returning from Balehonnour in a motor cycle bearing registration No. KA-18-L-4192 as a pillion ride