This appeal is filed by the claimants under Section

173(1) of the Motor Vehicles Act, challenging the judgment

and award dated 06.08.2013 passed by the I Additional Senior

Civil Judge and Motor Accident Claims Tribunal No.VI, Bijapur

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(hereinafter referred to as ‘the Tribunal’ for short) in MVC

No.1283/2007.

For the sake of convenience, the parties herein are

referred with the original ranks occupied by the before the

Tribunal.

The brief factual matrix leading to the case are

that, the original claimant Ningappa was the driver of Tata

Sumo vehicle bearing No.KA-28/M-3057 and on 12.10.2006 at

about 11.00 a.m., when he was moving from Almatti to

Bijapur on NH-13, his vehicle met with an accident by colliding

with KSRTC bus bearing No.KA-28/F-1092, as a result of

which the claimant injured suffered injuries and he was shifted

to Bijapur Civil Hospital and after one week he was shifted to

Vanless Hospital, Miraj. He was discharged subsequently.

Hence, he filed a claim petition under Section 166 of the M.V.

Act. Meanwhile, the claimant died during the pendency of the

proceedings and his parents, who are legal heirs were brought

on record and they prosecuted the matter.

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4.

The resp