1. This appeal is filed questioning the legality and correctness of the judgment and award dated 26.12.2008 passed by the Addl. M.A.C.T. and Presiding Officer, FTC-1, Davangere, in M.V.C.No.674/2005.

2. The appellant was arrayed as respondent No.3 before the trial court. Respondent Nos.1 and 2 herein were the claimants while respondent Nos.3 and 4 herein had been arrayed as respondent Nos. 1 and 2 before the tribunal.

3. For the sake of convenience, the parties herein would be referred during the course of this judgment according to their ranking before the tribunal.

4. The claimants-petitioners filed the claim petition under Section 166 of the M.V.Act seeking compensation of Rs.10 lakhs for the death of their son Shivarudrappa in the motor vehicle accident that occurred at about 9 a.m., on 13.07.2003. The case of the claimants was that the deceased Shivarudrappa was employed in the wine shop run by respondent No.3 and on the fateful day, he was proceeding in the lorry bearing registration No.KA-17/5992 which was driven by respondent No.1 and on account of rash and negligent driving of the lorry by respondent No.1, the vehicle met with an accident, as a result, the said