JUDGMENT :

Aravind Kumar, J.

This appeal is preferred by the insurer calling in question the correctness and legality of judgment and award passed by MACT, Belagavi in MVC No.1030/2014, dated 25th April 2015, where under claim petition filed by wife, mother and children of the deceased Shri Halasiddappa under Section 166 of M.V. Act came to be allowed in part by awarding a total compensation of Rs.70,05,000/- win interest @ 8% p.a. from date of petition till the date of payment or deposit, whichever is earlier.

2. Though matter is listed for admission, by consent of learned advocates appearing for the parties, it is taken up for final disposal.

3. We have heard the arguments of Shri N.R. Kuppelur, learned advocate appearing for the appellant Insurer; Shri Suni S.Desai, learned advocate appearing for the respondent Nos.1 to 3; respondent No.4 is served and unrepresented and notice to respondent No.5 has been held sufficient vide order dated 08.08.2018.

4. It is the contention of Shri N.R. Kuppelur, learned advocate appearing for appellant Insurer that tribunal had committed a serious error in directing the insurer to indemnify the claim, though driver of the offending vehicle did not pos