1. The United India Insurance Company Ltd. has filed this appeal challenging the legality and correctness of the judgment and award dated 18th March 2011 passed in MVC No.1167/2008 by the Motor Accident Claims Tribunal, Kundapura (hereinafter referred to as 'the Tribunal' for short) fastening liability on them to compensate the claimants.

2. Facts leading to the filing of this appeal are as under:

The respondents No.1 to 4 herein are the wife and children of deceased Ramakrishna Hebbar. They filed a claim petition contending that on 02-07-2008 at about 6.30 a.m., when the deceased Ramakrishna Hebbar was standing on the southern side mud portion of Udupi - Karkala Road, in front of Manipal Bakery at Manipal of Shivalli village, Udupi Taluk and District, the driver of Maruthi Omni bearing Registration No.KA-20/Z-3931 drove the same in a rash and negligent manner and dashed against the said Ramakrishna Hebbar. Due to the impact, he fell down and sustained grievous injuries. Immediately after the accident, he was shifted to KMC Hospital, Manipal. However, he succumbed to the injuries on 16-07-2008. In the claim petition, it was contended that at the time of death, the deceased