Judgment :-

Jagdish Singh Khehar, J.

1. Yalgurdappa B. Goudar was employed as a Pump Operator in the Mechanical Engineering Department, and posted in the Old Power House, of the Mormugao Port Trust, Mormugao (for short, ‘the Port Trust’). While discharging his duties in his aforesaid capacity during the course of the second shift on 19.4.2003, while pillion riding on a motorcycle bearing registration mo.GA 02 L 8479, he was hit by a tipper bearing registration no.TM 07 V 4548. Consequent upon the injury suffered by Yalgurdappa B. Goudar in the said accident, Yalgurdappa B. Goudar died on the spot. The aforesaid tipper was insured with the Oriental Insurance Company, i.e., the appellant herein.

2. The most important factual aspect in the present controversy is, that Dayamavva Yalgurdappa the widow, and the dependants of Yalgurdappa B. Goudar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 on 30.5.2003. Through the aforesaid claim petition, the widow and the children of the deceased Yalgurdappa B. Goudar sought compensation on account of the motor accident in the course whereof, the husband/father of the claimants had lost his life.

3. It is not a matter of disp