JUDGMENT :

V. SRISHANANDA, J.

1. Heard learned counsel Sri. P.N. Hosamane and Sri. S.S. Joshi.

2. The present appeal is directed against the judgment and award passed in MVC No. 395/2007 dated 04.03.2010 on the file of III Addl. MACT Bagalkot, whereby claim petition filed by the claimants/appellants came to be dismissed.

3. Facts in brief for disposal of the present appeal are as under:

3.1 A Claim petition came to be filed under Section 166 of M.V. Act contending that on 03.04.2007, Basanagouda Patil after completion of his work, while returning to his native village Keruru on motorcycle bearing No. KA-29/J-7552, following the required traffic rules, near Konamma Temple, Badami at about 21.45 hours, a tom tom (three wheeler) bearing reg. No. KA-26/4864, came in a rash and negligent manner and dashed against the motorcycle whereby Basanagouda, Patil sustained grievous injuries and he was shifted to the Government Hospital, Badami and later, he was shifted to Kerudi Hospital for higher treatment at Bagalkote. Despite the treatment, Basanagouda Patil did not survive and he succumbed to the injuries in the hospital on 05.04.2007.

4. Therefore, petitioners being dependants, filed claim petit