(1.) This appeal is at the instance of the Insurance Company calling in question the judgment and award dtd. 27/7/2010 in MVC No.71/2008 by the learned Addl. MACT, Yellapur sitting at Haliyal (for short, 'MACT').
(2.) Brief facts are that on 13/6/2004 at 12.30 p.m., while the claimant-Pavan Dattatraya Jituri was riding the motorcycle bearing registration No.KA-25/W-8606, at Arabail ghat, offending lorry bearing registration No. KA-19/A-6301 came in a rash and negligent manner and in high speed and right side rear wheel of the lorry came in contact with the motorcycle resulting in the accident.
(3.) Upon claim petition being filed, owner and driver of the truck remained exparte and Insurance Company contested the proceedings by filing its statement of objections.