ORIENTAL INSURANCECO LTD Vs. VIJAYA M NAYAK

JUDGEMENT

(1.) The present appeal has been preferred by the insurer, assailing the judgment and award passed by the Addl. District Judge and Member, Addl. MACT, Udupi, (sitting at Kundapura), in MVC No.889/2011 dated 28.10.2016.

(2.) Heard.

(3.) The brief facts of the case are that, when the claimant/ Vijaya M. Naik, was proceeding on his motor cycle at about 1.45 pm on 16.04.2011, an autorickshaw bearing registration No.KA-20/A-3902 came from opposite direction and dashed to the motorcycle on which the claimant was proceeding and as a result of the same, he sustained grievous injuries and immediately he was shifted to the hospital and he was treated as inpatient for the injuries suffered. Therefore, he filed claim petition under Section 166 of the M.V.Act which, later came to be converted into a petition under Section 163A of the M.V.Act.