JUDGMENT :

P.S. Dinesh Kumar, J.

1. This appeal is preferred by the claimants in MVC 1822/2011 on the file of II Addl. Judge & Member, MACT., Court of Small Causes, Bengaluru (SCCH-13) (Tribunal' for short) awarding a sum of Rs. 50,000/- payable with 6% interest p.a. vide judgment and award dated 10.10.2012.

2. Brief facts of the case:

"Appellants - claimants are husband and three minor children of one Smt. Padma @ Padmavathi, who met with a road traffic accident on 16.12.2010 at about 2 p.m. at Puttappanadoddi, Channapatna on Bengaluru - Mysuru road when a bus bearing No. KA-01-D-9256 dashed against her. After first aid, at Government Hospital, she was shifted to NIMHANS, Bengaluru and thereafter to Dr. Malathi Manipal Hospital, Bengaluru where she underwent several procedures/surgeries. After discharge, she was taking follow-up treatment at Sri Lakshmi Hospital. She died on 27.12.2010 at about 9.20 p.m."

3. Claimants brought an action against the respondents before the Tribunal for compensation. First respondent, Insurer resisted the claim contending inter alia that the police d