ON

12.12.2022

COMING

ON

FOR

PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT

DELIVERED THE FOLLOWING:

J U D G M E N T

In

this

appeal,

the

Insurance

Company

assailing the judgment dated 11.08.2015 passed in

M.V.C.No.163/2009 on the file of the Additional

Senior Civil Judge and MACT-XI, Tumakuru ('the

Tribunal' in short).

2.

The

appellant/insurer

was

the

second

respondent, respondent No.1 was the petitioner and

respondent No.2 was respondent No.1 before the

3

Tribunal. For the sake of convenience, the parties

will be referred to as per their status before the

Tribunal.

3. Briefly stated, the facts are that, on

14.01.2006 at about 3.15 p.m., the petitioner was

riding the motor cycle bearing No.KA-35/H-3223, as

a pillion rider on N.H.206 at M.H.Patna gate, at that

time, the rider rode the motor cycle in a rash and

negligent manner, lost control and capsized and

caused

grievous

injuries,

the

petitioner

took

treatment and thereafter he moved the Tribunal

seeking compensation. The claim was opposed by

the

respondents.

The

Tribunal

awarded

the

compensation of Rs.2,63,000/- with interest @ 6%

per annum.

4. Aggrieved Insurance Company has come

before this court on the ground that t