( 1 ) THE owner and insurer of the motor vehicle involved in the accident have preferred this appeal under section 173 (1) of the Motor Vehicles act, 1988 (for short 'the Act') calling in question the judgment and award dated 14. 9. 2001 passed in M. V. C. No. 411 of 2000 on the file of the Addl. Civil Judge (Sr. D) Addl. M. A. C. T. , Hubli (for short 'the M. A. C. T. ' ).

( 2 ) THE facts of the case in brief are: on 1. 1. 2000, one Mahaveerappa Prathamashetty was travelling on the top of the bus belonging to the appellants along with his goods being tin sheets. When the bus reached K. E. B. Pole No. GDR 16 on hubli-Gadag Road, the driver of the bus applied brakes suddenly and the deceased fell down from the top of the bus and died instantaneously. The legal representatives of the deceased being the widow and the minor son, dependent on the income of the deceased, instituted a claim petition in m. V. C. No. 411 of 2000 seeking compensation.

( 3 ) THE appellants, on being notified by the M. A. C. T. , have appeared through their counsel and filed their objections denying the claim. The appellants, the respondents in the claim petition took a specific contention