(1.) THIS appeal under Section 173(1) of the Motor Vehicles Act, 1988, (for short 'the Act') is by the claimants in MVC No.32/2007 on the file of the Court of the Fast Track-III, Gulbarga complaining that not only the quantum of compensation quantified in their favour by the Tribunal due to the death of their father in accident involving a Tempo Trax Jeep bearing Reg. No.KA-39-M- 267, which was dashed against by another light vehicle bearing Reg. No.KA-39-M-330 on the 12th September 2005 near Harkud Cross at Mudabi village of Basavakalyan Taluk, resulting in the death of the claimants' father 11 days after the incident and while undergoing treatment at hospital, is inadequate, but also the Tribunal has committed an error in exonerating the Insurance Company from joint liability to make good this amount.
(2.) THE Tribunal has quantified the compensation to which the claimants-four major sons of the deceased are entitled to in a compensation of Rs.2,64,000/- towards loss of dependency, added a sum of Rs.5,000/- towards funeral expenses and medical expenses and another Rs.5,000/- towards loss of love and affection and the total amount to be Rs.2,74,000/- with interest at 6% per annum from the date of petition till realisation etc.
(3.) APPEAL had been admitted for examination. Respondents 1 and 2-the driver and owner of the vehicle respectively though served, have remained unrepresented and the third respondent-Insurance Company is represented by Mr. S.S. Aspalli, learned counsel.