JUDGMENT

Ashok G. Nijagannavar, J. - Though this appeal is listed for admission with the consent of learned counsel for both sides, arguments are heard for final disposal.

2. This appeal is filed by the Insurance Company assailing the judgment and award dated 01.10.2010 passed in M.V.C. No. 10/2010 by the Senior Civil Judge & MACT, Challakere (hereinafter referred to as Tribunal for the sake of brevity). The Insurance Company has assailed the judgment and award on the question of liability alone.

3. For the sake of convenience, the parties shall be referred to as per their status and ranking before the Tribunal.

4. The facts briefly stated are that the claimants have filed claim petition under Section 166 of the Motor Vehicle Act (hereafter referred to as Act for the sake of brevity), seeking compensation in respect of death of Palaiah @ Palanaik, s/o. Kumaraswamy, in a road traffic accident which occurred on 30.05.2007 at about 2.40 p.m. near Kukkambudi village, Challakere Taluk. It is contended that, on the fateful day of the accident, the deceased was going on his motor cycle bearing registration No. KA-16-J-9629 near Gowrasamudra to Bukkambudi and when he had parked his motor cy