( 1 ) THIS is a claimants' appeal against the judgment and award dated 26. 9. 1996 passed by District Judge and M. A. C. T. , Chitradurga, in M. V. C. No. 19 of 1994.

( 2 ) THE appellants are respectively the widow, three children and mother of one govinda Setty. The said Govinda Setty was a partner of firm M/s. Bellary Venkataswamy Setty carrying on business at davangere. On 10. 10. 1993, when the said govinda Setty, along with his family members, was travelling in a car bearing No. KA 17-M 2911 from Bangalore to Davangere, the said car dashed against a parked lorry resulting in the death of the said Govinda Setty. Feeling aggrieved, the widow, children and mother of the said Govinda setty filed M. V. C. No. 19 of 1994 against the driver, owner and insurer of the car, claiming a compensation of Rs. 35,00,000 alleging that the accident occurred due to rash and negligent driving by the driver of the car.

( 3 ) THE petition was resisted by the respondents contending that there was no negligence on the part of the driver of the car; that the accident occurred when the driver of the car tried to avoid collision with a vehicle coming from the opposite side, by swerving to