TIRATH S. THAKUR, J.

( 1 ) MOTOR Accidents Claims Tribunal, Bangalore Rural District, has dismissed M. V. C. No. 573/1996 filed by the claimants-appellants herein for payment of compensation on the ground that the accident resulting in the death of late Sri H. Sanjeeva was not attributable to any fault on the part of the driver of the vehicle in which he was travelling nor did the same arise out of the use of any motor vehicle. The present appeal filed by the claimants assails the correctness of the said order.

( 2 ) THE deceased Sri H. Sanjeeva was working as Head Masterin the Government High School at Sooda in Dakshina Kannada. On 7. 4. 1995 he was traveling in a bus owned by the respondent- corporation from Udupi to Bangalore in connection with certain official business. When the bus reached a place near Gandhi Farm on the Kunigal-Bangalore road at about 6. 45 a. m. , a Banyan tree growing on the side of the road fell on the running bus resulting in the death of the Sri Sanjeeva and two other passengers travelling in the same. A claim petition for payment of compensation was originally filed by the widow, minor, children and the parents of the deceased under Section 166 of the M

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