JUDGMENT

Heard Shri. G. N. Raichur, learned counsel for the appellant and Shri. B. S. Sangati, learned counsel for respondent Nos.1 and 2.

2. Appeal filed by the Insurance Company challenging the validity of judgment and award passed in MVC No.179/2009 dated 08.03.2011 on the file of Senior Civil Judge and MACT at Itinerate Court at Byadgi.

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

4. A claim petition came to be filed under Section 166 of the Motor Vehicles Act, 1988 (for short the ‘M.V. Act’), by the injured in a road traffic accident that occurred on 08.06.2008 at about 10.00 p.m., involving a Tractor Trailor Unit bearing registration No.KA-27/TA-1341 and Trailor No.KA- 26/T-1598. The injured was travelling as a coolie/hamali in the said Tractor Trailor Unit.

5. Further he had suffered the accidental injuries and treated in the hospital and discharged on 05.12.2008.

6. After discharge, he has filed a claim petition seeking compensation. However, on account of the accidental injuries sustained by the claimant, ultimately he committed suicide and died.

7. The claim petition got amended by bringing on record the legal representatives of the decease