ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR)

This appeal is filed under Section 173 (1) of the Motor Vehicles Act, 1988 , by the Insurance Company, being aggrieved by the judgment and award dated 07.01.2012, passed in MVC No.43/2010, on the file of Member, MACT-VII, Bilagi (for short, ‘Tribunal’), on the ground that the motorcycle bearing Reg.No.KA-29/R-5436 was not involved in the accident.

2. Brief facts leading to filing of this appeal are that on 27.06.2009, the claimant/respondent No.1 had been to Shiraguppi to recover the due amount from the customers. When the claimant was proceeding towards farm house of Guralingayya and crossing the road of Kataraki to Kundaragi, at that time, the motorcycle bearing Reg.No.KA-29/R-5436 ridden by its rider came with high speed and in a rash and negligent manner and dashed the claimant. Thus, the claimant has sustained fracture injuries. The Tribunal upon the claim petition filed, has awarded compensation