( 1 ) THIS appeal arises from the judgment and award dated 29. 9. 2000 delivered by Mr. M. Ramesh Rao, Addl. Civil judge (Sr. Dn.) and M. A. C. T. , Davanagere awarding a total sum of Rs. 7,61,500 in m. V. C. Case No. 1370 of 1995. The appeal has been filed by New India Assurance co. Ltd. with Surendra Prabhu, appellant no. 1.

( 2 ) IT will be appropriate to mention the facts of the case in brief as hereunder: on 28. 5. 1995 at about 7. 30 p. m. , on n. H. 4 near Kalapanahalli, the motor accident took place and the offending vehicles in that accident were car No. KA 03-M 2089 and minibus No. KA 13-4545, referred to in the judgment of the Tribunal as well as the judgment of this court as 'car' and 'minibus'. It may be stated that many claim petitions were filed including Claim petition No. 1370 of 1995. It is the case of the claimants/petitioners in M. V. C. Case no. 1370 of 1995 that the deceased was aged 27 years and died on account of the injuries caused in course of accident, in spite of medical service being rendered. The claimants made claim for a total sum of Rs. 15,40,000 under different counts. It was alleged that the deceased was at the time of accident working