ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

Challenging the dismissal of their claim petition under Section 166 of the Motor Vehicles Act, 1988 (‘ MV Act ’ for short), the claimants in M.V.C.No.269/2021 on the file of X Additional Judge, Court of Small Causes & Member MACT, SCCH-16, Bengaluru have preferred this appeal.

2. Appellants were the claimants and respondent Nos.1 and 2 were respondent Nos.1 and 2 before the Tribunal. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the Tribunal.

3. Claimant Nos.1 to 3 are the wife, mother and younger brother of the deceased Mohammed Umar. On 15.09.2020 at 10.45 a.m. when Mohammed Umar was riding his motorcycle bearing registration No.KA-06-HC-3135 near Bharath Petrol Bunk in Halenijagal Badavane, Tumkur- Bangalore NH Road, he met with road traffic accident and died.

4. Claimants filed M.V.C.No.269/2021 before the Tribunal contending that the deceased was doing Roti supplying business and earning Rs.50,000/- per month, they were dependent on the income of the deceased. The driver of the lorry bearing Registration No.TN-52-A-9907 drove the same in rash and negligent manner, hit the