JUDGMENT

H.T. Narendra Prasad, J. - 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 24.10.2017 passed by the Motor Accident Claims Tribunal, Chikkamagaluru in MVC No. 540/2014.

2. Facts giving rise to the filing of the appeal briefly stated are that on 13.05.2014 at about 10.45 a.m. the deceased Srinivas was proceeding on TVS XL motorcycle bearing registration No. KA-01/ED-9204 along with a pillion rider near Vishwanathapura, Koppa Taluk. At that time, a Tata 407 Van bearing registration No. KA-19/6624 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 on the way to the hospital.

3. The claimants filed a petition under Section 166 of the Act seeking compensation for the death of the deceased along with interest.

4. On service of summons, the respondent No. 2 appeared through counsel and filed written statement in which the averments made in the petition were denied. The age, occupation and income of the decease