PRABHAKAR Vs. VISHAL RETAIL LIMITED

JUDGEMENT

(1.) BY consent of learned counsel appearing for the parties, appeal is heard and disposed of finally at the stage of admission.

(2.) IT is a case of death of a bachelor aged about 18 year in a road traffic accident. His parents, one younger brother and one younger sister filed a claim petition before the Senior Civil Judge and Addl. MACT, Basavakalyan (Camp at Humnabad) in MVC No. 68/2009, seeking compensation under Section 166 of Motor Vehicles Act, 1989, (hereinafter referred to as M.V. Act for short) from the owner and the insurer of the offending vehicle.

(3.) AS there is no dispute regarding death of deceased in a road traffic accident that occurred on 05.09.2008 due to rash and negligent driving of the offending lorry bearing Reg. No. MH -04 -DD -2896 by its driver and liability of the insurer of the said vehicle, the only point that arises for consideration in this appeal is: