(1.) This appeal is filed under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act ", for short) by the Insurance Company aggrieved by the judgment and award dtd. 7/1/2016 passed in MVC No.27/2015 by the Motor Accident Claims Tribunal, Yadgiri.
(2.) For the sake of convenience, parties are referred to as per their ranking before the Claims Tribunal. Appellant is the respondent No.2; respondent No.1 is the claimant; respondent No.2 is respondent No.1 before the Tribunal.
(3.) Facts giving rise to the filing of the appeal briefly stated are that on 14/12/2013 on YadgirShahapur main road, near Wadagera cross, the claimant was proceeding in a auto bearing registration No.KA-33/8978 from the side of Yadgir to Gurusunagi, at that time, driver of the auto drove with high speed in rash and negligent manner while giving side to the motorcycle lost the control and turned turtle and caused accident. As a result, the claimant sustained grievous injuries in the road traffic accident.