(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

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 Insurance Company, challenging the judgment and award dated 28.01.2013 passed in MVC No.1854/2007 by the learned Presiding Officer, FTC-III, & Additional MACT, Belagavi.

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

3. On 26.02.2007, the deceased Manjunath was coming from Yaragatti towards Murgod by riding his motorcycle at a moderate speed on the correct side of the road. When he came near the spot of the accident, the tanker bearing Reg.No.KA-22/4451, came from the opposite direction in a rash and negligent manner at a great speed and dashed to the motorcycle of the petitioner. As a result, the petitioner sustained grievous injuries and succumbed to the injuries. The petitioners, being the legal representatives of the deceased Manjunath, filed a claim petition under Section 166 of the M.V.Act, claiming compensation for the death of the deceased Manjunath in a road traffic accident.

According