JUDGMENT :

This appeal, though listed for orders, 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 Insurance company being aggrieved by the judgment and award dated 11.08.2010 passed by the Presiding Officer, Fast Track Court-I and Additional Motor Accident Claims Tribunal, Bidar, in M.V.C.No.2/2008.

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

4. Brief facts leading to filing of the present appeal are that on 29.04.2007 the deceased-Pankaj was travelling with his friend in his own car bearing registration No.KA-32/M-4093 from Panvel-Pune bypass road. At about 1.30 a.m., container lorry bearing registration No.TD-03/A-9784 being driven in a rash and negligent manner dashed into the vehicle of the deceased due to which the deceased-Pankaj sustained grievous injuries and died while on treatment in the hospital.

5. The claimants on account of death of their son filed a claim petition under Section 166 of the Act before the Tribunal contending that the deceased was a Mechanic