CAV JUDGMENT

This appeal is by the appellant/Insurance Company challenging liability and quantum under Section 173(1) of the Motor Vehicles Act (for short ‘MV Act’) seeking to set aside the judgment and award dated 08.06.2017 passed in MVC No.1346/2016, on the file of the VIII Additional District and Sessions Judge, Belagavi (herein after referred to as ‘the Tribunal’ for short).

2. The appellant herein-Insurance Company is the respondent No.2 before the Tribunal, respondents No.1 to 5 herein are the petitioners/claimants No.1 to 5 before the Tribunal and the respondent No.6 herein-Owner of the vehicle is the respondent No.1 before the Tribunal.

3. For convenience of reference, the parties herein are referred to as per their ranking before the Tribunal.

4. The claim petition was filed under section 163-A of the MV Act claiming compensation for the death of Sri Prakash Baburao Chigare due to the injuries sustained in an accident.

5. The brief facts of the case are as under:

On 01.08.2014 at about 9.30 p.m., the deceased, Sri Prakash Baburao Chigare, was returning from his work to his residence on his motorcycle bearing No. KA-22/EF-3766. When he reached near Arun Talkies on Congress Road,