JUDGMENT :

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 18.08.2017 passed by the Senior Civil Judge and JMFC, Sira in MVC No.198/2016.

2. Facts giving rise to the filing of the appeal briefly stated are that on 14.01.2016 at about 02.30 p.m., when one Hanumantharayappa along with deceased-Maradi Ranganatha were waiting for the Bus on Tumkur-Sira NH-4 service road, near Bramhasandra Gate, Kallambella Hobli, Sira Taluk and at that time, the driver of Maruthi Omni Car bearing Registration No.KA-02-MJ-5797 from Tumkur towards Sira on the said NH-4 road drove the same in a rash and negligent manner and dashed to the deceased and others. 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 throug