This appeal is filed under Section-173(1) of the

Motor Vehicles Act, 1988 (hereinafter referred to the 8MV

Act9 for short) by the Insurance Company challenging the

judgment and award dated 06.06.2013, passed in MVC

No.2267/2011, on the file of the VI Addl. Judge & MACT, at

Bengaluru (SCCH-2) (hereinafter referred to as 8the

Tribunal9 for short).

On 06.01.2001, claimant was proceeding as

pillion rider in Bajaj Pulsar Motorcycle bearing No.KA-11-V-

9303 on Halagur-Kanankapura NH-209 road when they

reached Sony Petrol bunk bridge, at that time, the rider of

Bajaj Platina Motorcycle bearing No.KA-11-H-8044 came

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from the opposite direction with high speed and in a rash

and negligent manner so as to endanger human life and

dashed against claimant9s Motorcycle. Due to which, the

petitioner and the rider fell down and sustained grievous

injuries. Immediately after the accident, the claimant was

shifted to Halagur Govt. Hospital, wherein he was given

first aid and then shifted to Mandya Dist. Hospital, where

he was inpatient from 06.01.2011 to 13.1.2011. X-rays

were taken, which revealed fracture of right tibia shaft.

The claimant underwent ORIF and was discharged on

13.01.2011 with an adv