JUDGMENT

M Nagaprasanna, J. - This appeal, though l isted for admission, is taken up for f inal 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 f i led by the claimants being aggrieved by the judgment dated 12.03.2012 passed by the Prl. Senior Civi l Judge and Additional Motor Accident Claims Tribunal, in MVC.No.1080/2010.

3. Parties wi l l be referred to as per their ranking before the Claims Tribunal.

4. Facts giving rise to the f i ling of the appeal brief ly stated are that on 05.04.2010 at about 11.30 p.m., the deceased was travel ing as a pi l lion rider on Hero Honda motorcycle bearing registration No.KA.23/X-4271 and was proceeding from Dhupdal-Ghataprabha road at which time, the rider of the motorcycle rode the same in a rash and negl igent manner which caused the motorcycle to turn upside down, resulted in fal l of the deceased. Due to the impact of the accident, the deceased who was a pi l l ion rider sustained fatal injuries and he was immediately admitted to the Government Hospital Dhupadal and was later shifted to KL