JUDGMENT

The present appeal is filed by the appellant-

Insurance Company challenging the judgment and award dated 10.05.2016 passed in MVC.No.573/2009 by the Senior Civil Judge and MACT-XV, Kunigal, by contending that the Motor Bike No.KA-42-H-1040 was not involved in the accident, but it is falsely implicated into the case. 2. It is the case of the claimant that on

30.10.2008 at about 7.00 pm., the claimant was going on footpath beside NH-48 road on Bangalore Mysore Road in front of Pooja Nursing Home to go towards Bangalore and at that time, Motor Bike No.KA-42-H-1040 came from behind from Mysore side with high speed and in a rash and negligent manner and dashed against the claimant, due to which, the claimant sustained injuries. Therefore, he filed the claim petition and during the pendency of the claim petition, he died. Hence, his legal heirs had come on record and prosecuted the case. Thus, the Tribunal has awarded compensation fixing the liability on the owner and insurer of the Motor Bike No.KA-42-H-1040.

3. Heard the arguments from both sides and perused the records.

4. Learned counsel for the appellant-Insurance Company submitted that the Motor Bike No.KA-42-H-1040 was falsel