ORAL JUDGMENT

This Appeal is filed under Section 173 (1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the Insurance Company, challenging the judgment and award dated 18.11.2014 passed in MVC No.324/2011 by the learned I Additional Senior Civil Judge & CJM and Additional MACT, Dharwad sitting at Navalgund.

2. Brief facts leading rise to the filing of this appeal, are as follows:

3. On 22.11.2010, at about 10.45 p.m., the petitioner was riding his brand new TVS Sports motorcycle from Alagwadi to Gobbargumpi slowly by observing the traffic rules. At that time, a motorcycle bearing Reg.No.KA- 25/EE-1622 coming from the opposite direction, ridden by its rider in a rash and negligent manner, and dashed to the motorcycle of the petitioner. As a result, the petitioner sustained grievous injuries. The petitioner filed a claim petition under Section 166 of the M.V.Act seeking compensation for the injuries sustained by him in a road traffic accident. Accordingly, prays to allow the claim petition.

4. The owner of the offending motorcycle filed a statement of objections denying the a