This appeal is directed against the judgment and award passed by the Motor Accident Claims Tribunal, Bijapur in MVC No.535/2012.

2. The facts in brief are:

-it transpires that on 11.12.2006, when the deceased Gurulingappa was travelling from Ranjol Village with his friend in a jeep bearing registration No.KA-09/M-4033 as an occupant of the jeep, met with an accident with one Tractor near Srinivas Saradagi cross within the limits of Gulbarga University Police Station, it is averred by the claimants that the deceased sustained fatal injuries due to the motor vehicle accident and consequently died in the District Hospital, Gulbarga. Based on these facts, the claimants being the wife and children of the deceased filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988, (the ‘Act’ for short), by adducing evidence of PW.1, marking Exs.P1 to P7 in support of their claim. The appellant – Insurance Company has contested the case by filing the written statement and adduced the evidence of RW.1, marking Ex.R1.

3. The Tribunal after appreciation of the material evidence, passed the judgment and award impugned herein, fastening the liability on the appellant – Insurance