The

insurer

of

the

offending

motor

vehicle

bearing registration No.KA-23/R-3504 has preferred

this appeal challenging the judgment and award dated

27.04.2015 passed by the Senior Civil Judge and MACT,

Raibag, in MVC No.994/2014 on the ground of liability

as well on quantum.

Brief facts of the case that would be

relevant for the purpose of disposal of this appeal

are:

On 02.09.2013 at about 18-30 hours, when the

claimant was returning from hospital at Vaderahatti

village

on

the

motorcycle

bearing

registration

No.KA-24/E-5029 as a pillion rider and one Halappa

Wadeyar

was

riding

the

said

motorcycle

in

a

3

moderate speed on the left side of Vaderahatti

Pulagaddi road, the offending motor cycle bearing

registration No.KA-23/R-3504 came from Vaderahatti

side in a rash and negligent manner and dashed

against motorcycle in which she was traveling, as

result she sustained grievous injuries and after the

accident, she was shifted to NIMRA Hospital Gokak,

wherein she was admitted as an indoor patient for

about one month and had taken treatment to the said

injuries and also undergone operation and steel

implants were inserted to her body. Claimant had

sustained physical disability due to th