JUDGMENT :

1. This is a claimants' appeal calling in question the correctness of the judgment dated 31.03.2016 in MVC No.1823/2013 by the learned IV Addl. District & Sessions Judge & MACT No.XIII, Vijayapura.

2. Brief facts of the case as emerging from the claim petition are that on 29.03.2013 between 8.00 p.m. and 9.00 p.m., while deceased Shrishail Kore was riding motorcycle bearing registration No.MH-45/C-1832 towards Achakanahalli, a Tata Indica car bearing registration No.KA-28-M-5389 came in a rash and negligent manner and dashed to the motorcycle and on account of the same, Shrishail Kore died due to impact injuries. The claim petition filed by his dependents came to be dismissed by the impugned judgment by the learned MACT which disbelieved the involvement of the offending vehicle in causing the accident.

3. Learned counsel for the appellants Sri Babu H.Metagudda strenuously contended that the learned Tribunal in dismissing the claim petition has totally overlooked the material evidence produced before the Court and therefore the impugned judgment is unsustainable. He further contended that suggestion put to PW.2 on behalf of the Insurance Company shows that the respondents ha