JUDGMENT

V. Srishananda, J. - The claimants in MVC No.2541/2016 on the file of the Senior Civil Judge and JMFC., Raibag (hereinafter referred to as "the Tribunal" for short) have questioned the validity of the judgment and award dated 04.04.2018 in this appeal.

2. Though the appeal is listed for admission, with the consent of the learned counsel for parties, heard finally and disposed of.

3. The brief facts which are necessary for disposal this appeal are as under:

A claim petition was filed under Section 166 of the Motor Vehicles Act by the dependants of one Davalasab Mulla contending that on 09.08.2016 at about 9.30 p.m. near Harugeri cross, when said Davalsab Mulla was proceeding on a motorcycle bearing No.KA-23/M- 9338 as a pillion rider, the rider of the motorcycle ridden the said motorcycle in a rash and negligent manner and lost control over the vehicle due to which the motorcycle toppled and fell into a ditch resulting in Davalasab Mulla sustaining grievous injuries. Immediately he was shifted to Paramshetti Hospital at Miraj and thereafter to KLE Hospital, Belagavi but ultimately he succumbed to the injuries on 12.09.2018. It is contended that the deceased was aged 36 years