( 1 ) THIS is a claimants' appeal arising from the judgment and award dated 23. 9. 1996 passed in MVC no. 1039 of 1993 by the Motor Accidents claims Tribunal-IX, Bangalore City. For convenience, the parties will be referred to by their ranks before the Tribunal.

( 2 ) THE claimants are the parents of one hazi Mohammed Haneef. He died in a motor accident on 30. 3. 1993, when Tempo bearing No. CAA 6591 (of which the respondent no. 2 is the owner and the respondent no. 1 is the insurer) dashed against the motor cycle (KA-01-H-7054) which he was riding. Feeling aggrieved, the claimants filed MVC No. 1039 of 1993 claiming compensation of Rs. 15,12,000.

( 3 ) PETITION was resisted by the respondents. On the pleadings, Tribunal framed the following issues: (1) Whether the petitioners prove that the accident which took place on 30. 3. 93 at about 11. 10 p. m. near Maharani's college Circle, resulting in death of one hazi Mohammed Haneef, was due to rash and negligent driving of Tempo bearing No. CAA 6591 by its driver? (2) Whether the petitioners prove that they are entitled to compensation as prayed for? (3) What order?

( 4 ) THE father (claimant No. 1) was examined as PW 1.