JUDGMENT

M Nagaprasanna, J. - This appeal, though listed for admission, is taken up for final disposal with the consent of the learned counsel appearing for the parties.

2. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants being aggrieved by the judgment dated 16.04.2016 passed by the Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal, Hassan, (hereinafter referred to as 'the Tribunal', for short) in MVC No.1549/2014.

3. Facts giving rise to the filing of the appeal briefly stated are that on 30.05.2014 at about 11.45 p.m., the deceased Girish H.C. was driving his lorry bearing registration No.KA-46-1932 from Mangalore to Bangalore. When he came near Shiradi, Puttur Taluk on N.H.75, at that time, a Tata Trailer lorry bearing registration No.KA-48-5056 which was being driven by its driver in a rash and negligent manner, dashed against the lorry of the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the same.

4. The claimants filed a petition under Section 166 of the Act on the ground that the deceased was