This appeal under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as 8the Act9,

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

4

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 through counsel and only

respondent No.2 has filed written statement in which

the averments made in the petition