JUDGMENT :

HANCHATE SANJEEVKUMAR, J.

1. This appeal is filed under Section 173(1) of the Motor Vehicles Act 1988 (hereinafter referred to as ‘MV Act’ for brevity) by the appellants-claimants, calling in question the judgment and award dated 19.03.2015, in M.V.C. No. 884/2009, on the file of the Principal District Judge and Motor Accident Claims Tribunal, Dakshina Kannada, Mangaluru (hereinafter referred to as ‘the Tribunal’ for brevity) passed on the application filed under Section 152 of CPC on the context of amendment of the judgment.

Brief facts:

2. On 26.05.2009 at about 6.00 p.m. the deceased Vishal Babu was proceeding with one Mr. Jagadhish i.e. respondent No. 3 as a pillion rider in Motor cycle bearing registration No. KA-19-W-5474 from K.P.T. side towards Panamboor side. When they reached K.I.O.C.L. (Kudremukh) Junction, on Udupi-Mangaluru road, a bus bearing registration No. KA-20-B-1978, driven by respondent No. 1 with high speed and in rash and negligent manner, took sudden diversion to Mangaluru-Udupi one way road, in violation of traffic rules and regulation and hit th