JUDGMENT :

Maheshan Nagaprasanna, J.

1. 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 respondent-Insurance Company being aggrieved by the judgment and award dated 02.01.2012 passed by the Principal Senior Civil Judge and Additional Motor Accident Claims Tribunal, Hubli (hereinafter referred to as the Tribunal for short), in M.V.C. No. 102/2011.

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

4. Facts giving rise to the filing of the appeal, briefly stated, are that on 28.11.2009 at about 10.00 A.M. daughter of the claimants was on her way to the field at Sunshi village for work, at that time the driver of the Tractor bearing registration No. KA.25/T-2864 driving it in a rash and negligent manner dashed against the deceased Savakka. As a result of the aforesaid accident, the deceased sustained fatal injuries and succumbed to the same on the spot.

5. The claimants namely the parents of the deceased filed a claim petition before t