JUDGMENT :

K. Somashekar, J.

This appeal is directed against the judgment and award dated 09.12.2009 rendered by the MACT, Mangalore, D.K., in MVC No.658/2008 awarding compensation of Rs.2, 58, 000/- with interest @ 6% p.a. from the date of petition till realisation.

2. The factual matrix of the appeal is that on 24.4.2007 at about 5.30 p.m., one Avinash Shetty, son of the claimants was proceeding in a motor cycle bearing Regn.No.KA-19 V-7113 as a pillion rider and it was ridden by his friend Kishore Kumar who was respondent no.1 in the claim petition. When they reached a place called Mishamajalu in Jalsur Village, at that time, the rider of the motor cycle drove the same in rash and negligent manner, as a result, he lost control over the vehicle and it was capsized. Due to the said impact, the said Avinash Shetty sustained injuries. Immediately, he was taken to Rajeshwari Hospital at Mangalore and took treatment as inpatient and later on died in the hospital same day due to the injuries sustained by him in the accident and the dead body was taken to Government Wenlock Hospital for postmortem. As on the date of accident, the deceased was aged 22 years and was working as Recovery Agent