JUDGMENT :

H.T. Narendra Prasad, J.

1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants being aggrieved by the judgment dated 21.06.2018 passed by the Court of the IX Addl. Small Causes and Addl. Motor Accident Claims Tribunal, Bangalore in MVC. No. 5392/2016.

2. Facts giving rise to the filing of the appeal briefly stated are that on 03.07.2016, when the deceased was standing on the extreme left side of road near Malnad Hotel, Kammagondanahalli village, at that time, a car bearing registration No. PB-08-CV-3102, which was being driven in a rash and negligent manner, dashed against the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries.

3. The claimants filed a petition under Section 166 of the Act seeking compensation for the death of the deceased along with interest.

4. On service of summons, the respondent Nos. 1 and 2 appeared through counsel and respondent No. 1 filed written statement in which the averments made