JUDGMENT

B V Nagarathna, J. - Though this matter is listed for admission, with the consent of learned counsel on both sides, it is heard finally and disposed of by this judgment.

2. The appellants are the widow and sons of Halappa, who died in a road traffic accident and who are seeking enhancement of compensation by assailing the judgment and award passed by he III Addl. Senior Civil Judge & VII Motor Vehicle Accident Tribunal (hereinafter, referred to as 'Tribunal' for brevity) Davanagere, in M.V.C.No.909/2014, which was disposed of on 05.06.2017.

3. For the sake of convenience, the parties herein shall be referred to in terms of their status before the Tribunal.

4. It is the case of the claimants that Halappa, was sitting under a tree in front of his house on 17.11.2014 at about 11.45 a.m., when at that time respondent No.1 being the driver of vehicle bearing registration No.KA-01/A-6958 drove the same in a rash and negligent manner on Kukkuvada road and though Halappa tried to escape from the lorry, he was nevertheless hit by it and fell down, the rear wheel passed over the head of Halappa, as a result of which, he sustained serious injuries and died on the spot. A criminal case