JUDGMENT :

ASHOK S. KINAGI, J.

This Appeal is filed under Section 173(1) of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the appellant-claimant, challenging the judgment and award dated 12.08.2011 passed in MVC No.154/2011 by the learned Principal Senior Civil Judge and JMFC, Hospet cum MACT-IV, Hospet.

2. Brief facts, leading rise to the filing of this appeal, are as follows:

3. On 24.12.2007, the petitioner and others were proceeding on a bus bearing Reg.No.KA-25/F-901 from Raral Thanda to Hospet on NH-13. Near Gollarhalli, the driver of a lorry bearing Reg.No.KA-01/AB-930 came from the opposite direction, in a rash and negligent manner, and collided with the bus. Due to the said impact, the petitioner and others sustained grievous injuries. Thus, the petitioner and others filed a claim petition under Section 166 of the M.V.Act, claiming compensation for the injuries sustained by them in a road traffic accident.

4. Respondent No.1- the driver and Respondent No.3-the Insurance Company, appeared before the Tribunal. Despite service of notice, respondent No.2-the owner remained unrepresented and was placed ex-parte. Respondent No.1 filed a statemen