1. This appeal filed under S.173 (1) of the Motor Vehicles Act, 1988 by the claimants is directed against the judgment and award dated 5.9.2008 passed by the Additional Civil Judge (Sr. Dn.) and M.A.C.T., Tumkur in M.V.C. No. 745 of 2000.

2. The appellants as wife and children of deceased Sreedhar filed claim petition under S.166 of the Motor Vehicles Act seeking compensation of Rs. 26,01,980 for the death of said Sreedhar in the motor vehicle accident that occurred at about 00.30 hours in the intervening night of 6/7.2.2000. According to the case of the claimants, in the night of 6.2.2000 deceased Sreedhar boarded K.S.R.T.C. bus bearing the registration No. KA 22 - F 833 to go to Mangalore. While the bus was proceeding on Kushalnagar - Madikere section of the National Highway, at about 00.30 hours on 7.2.2000 near Madapatna village, the bus collided with an ongoing tractor - trailer bearing registration No. KA 12 - T 370 as a result of which the deceased who was sitting in the front row behind the driver, suffered grievous injuries and immediately he was shifted to Government Hospital at Kushalnagar where he succumbed to the injuries at about 2 a.m. on the same day. Thus according to the claimants, the accident was solely due to negligence of the driver of K.S.R.T.C. bus. Therefore, the claim petition was filed against K.S.R.T.C. It was the further case of the claimants that the deceased who was aged about 46 years was working as a clerk in Vysya Bank and at the relevant point of time was getting a monthly salary of Rs. 11,305 and he was the only bread earner of the family and as a result of untimely death of the deceased the claimants are left with no source of livelihood.

3. The claim petition was contested by K.S.R.T.C., inter alia, on the ground that the accident was not due to negligence of the driver of K.S.R.T.C. bus but it was solely due to negligence of the driver of the tractor - trailer, therefore K.S.R.T.C. is not liable to pay any compensation as such the claim petition is bad for non - joinder of the necessary parties, namely, the driver, owner and insurer of the tractor - trailer. K.S.R.T.C. also disputed the other averments made in the claim petition regarding the age and income of the deceased.

4. In the light of the pleadings of the parties, the Tribunal framed the following issues:
(1) Whether the claimants prove that on 7.2.2000 at 0.30 hours on Kushalnagar - Madikere National Highway near Mada - patna village, Sreedhar was travelling in a K.S.R.T.C. bus bearing No. KA 22 - F 833, when there was accident due to wrongful use of said bus by its driver, which dashed against a tractor - trailer unit bearing No. KA 12 - T 370, as a result Sreedhar sustained severe injuries and succumbed to injuries in the hospital?
(2) Whether the claimants prove that they are the legal representatives and dependants of Sreedhar?
(3) To what compensation the claimants are entitled and from whom?
Additional Issue:
(1) Whether the petition is bad for nonjoinder of necessary parties?

5. During enquiry, the claimant No. 1 examined herself as PW 1 and two more
witnesses as PWs 2 and 3 and got marked Exhs. P1 to P15. On the other hand, the driver of K.S.R.T.C. bus was examined as RW 1 and Exhs. R1 to R13 were marked. After hearing both sides, the Tribunal on assessment of the oral and documentary evidence, by the judgment under appeal, answered issue No. 1 in the negative and in the light of the said finding, dismissed the claim petition without going into the quantification of the compensation. Being aggrieved by the dismissal of the claim petition, the claimants are in appeal before this court.

6. Upon service of notice of this appeal, the respondent K.S.R.T.C. has appeared through its counsel. We have heard the learned counsel for the parties and perused the records.

7. Mrs. Bhushani Kumar, learned counsel appearing for appellants contended that Tribunal has committed error in dismissing the claim petition placing reliance on the find