JUDGMENT

S.G. Pandit, J. - The Insurance Company is before this Court in this appeal aggrieved by the judgment and award dated 28.06.2010 passed in MVC No.778/2007 on the file of the III Addl. Civil Judge (Sr. Dn.) and Member, Addl. MACT, Belagavi (for short, 'Tribunal').

2. Even though the appeal is listed for admission, with the consent of learned counsel for the parties, the same is heard finally and disposed of by this judgment.

3. The appellant is respondent No.2 and respondent Nos.1 to 5 are the claimants in the above stated MVC which was filed under Section 166 of Motor Vehicles Act, claiming compensation for the death of one Balappa Dharennavar. It is stated that on 10.3.2007, when the deceased was going towards Hidkal Dam cross on service road of NH4, a motor cycle bearing No.MH-09/AX-5597 came in a rash and negligent manner and dashed to the deceased; due to which, he died on the spot. It is stated that the deceased was aged 48 years and was earning a sum of Rs.3,000/- per month by doing agricultural work.

4. On service of notice, respondent No.1-owner of the vehicle appeared before the Tribunal but not filed any objections. Respondent No.2-Insurance Company appeared and f