JUDGMENT :

H.T. NARENDRA PRASAD, J.

1. 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 claimants being aggrieved by the judgment dated 2.2.2013 passed by the Motor Accident Claims Tribunal.

2. Facts giving rise to the filing of the appeal briefly stated are that on 31.8.2011 the deceased Durgaram was proceeding on his TVS moped bearing No. KA-52-H-2574 in NH4 and when he reached near Goraguntepalya junction, at that time, a lorry bearing registration No. KA-02-D-3369 which was being driven in a rash and negligent manner, dashed against the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries.

3. The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 37 years at the time of accident and was employed as salesman and was earning Rs. 8,000/- p.m. The claimants claimed compensation along with interest.

4. On service of summons, the respondent No. 2 appeared through Counsel and filed