ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The insurer is in appeal, questioning saddling of entire liability on it, with a direction to pay compensation under judgment and award dated 16.06.2023 in MVC No.5658/2021 on the file of IX Additional Small Causes Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal at Bengaluru (for short “Tribunal”).

2. The brief facts of the case which are necessary for deciding the present appeal are that:

The claimants filed claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the accidental death of Bevina Hallappa, husband of the first claimant in a motor vehicle accident that occurred on 13.04.2021 involving motor cycle bearing No.KA-64/Q-2842 and another motor cycle bearing No.KA-64/S-8839. It is stated that, prior to the accident, the deceased was doing Hotel business and earning Rs.20,000/- p.m. and it is stated that the deceased was aged about 35 years as on the date of accident. The claimants stated that they were totally depending on the income of the deceased.

3. On issuance of notice, respondent No.2 Insurance Company appeared and filed its objections, whereas respondent No.1 p