JUDGMENT :

This appeal is filed against the judgment and award dated 05.02.2019 passed in MVC No.8/2017 by the Senior Civil Judge and MACT, Gangavathi.

2. For the sake of convenience, parties are referred to as per their ranking before the Tribunal.

3. It was the case of the appellants/petitioners that on 13.04.2016 at 8.30 p.m., the deceased Shambulinga was riding the motorcycle bearing KA-37/Y-0712 and going on Sindhanur-Gangavathi main road; At Pragatinagar, pedestrian by name Hulugappa came across the road. Deceased tried to avoid the accident and in that process, he lost control of the motorcycle and fell down. He sustained grievous injuries and he was shifted to SDM Hospital, Dharwad; While undergoing treatment, he succumbed to the injuries on 01.05.2016.

4. It was further contended that the deceased was aged about 25 years, working as driver and earning Rs.3,333/-p.m. Claimants were depending upon the earnings of the deceased, who are his wife, minor son, brother and sister respectively of the deceased Shambhulingappa. With these reasons, petitioners claimed compensation of Rs.22,88,200/-.

This petition was filed under Section 163A of M.V.Act.

5. Respondent No.2 has contended befo