1. The present appeal has been preferred by the appellant-insurer challenging the judgment and award dated 25.05.2012 passed by the Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal, Ranebennur, in MVC No.390 of 2010.

2. Heard. Though the appeal is listed for admission, with consent of the learned counsel appearing for the parties, it is taken up for final disposal.

3. The facts leading to the case are that on 15.03.2010 at about 11.00 a.m. one Hanumanthappa and members of his family were travelling in an autorickshaw bearing registration No.KA.27/A-1891 from Kuppelur to Kodiyal Hospeth for Darshan of Lord Durgadevi. When the said auto was so proceeding on Kuppelur-Holeanveri road, the driver drove the autorickshaw rashly and negligently and when it came near Lingadahalli cross, he lost control over the vehicle and the vehicle went into a pothole and then dashed against a dog and then went to left side of the road and toppled down. As a result of the said impact, Hanumanthappa sustained grievous injuries and on the way to Government Hospital, Ranebennur, he succumbed to the injuries. It is contended that after the post mortem, they took the dead bo